Case Study: Barnhart V. Walton

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After careful consideration of the entire record, the undersigned makes the following findings:

1. The claimant has engaged in substantial gainful activity since July 1, 2017 (20 CFR 416.920(b) and 416.971 et seq.).

In Barnhart v. Walton, 535 U.S. 212 (2002) the Court held that a period of disability cannot be found where work at the substantial gainful activity level resumes within 12 months of the date of onset; and that such resumed work is not protected by a trial work period when a decision finding that disability exists has not yet been made. The claimant began working for the Baymont Inn in 2015. The claimant testified that she still worked at the Baymont Inn at the time of the hearing. Therefore, there was no break in employment

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