What is the burden of determining whether a claimant is disabled by the Commissioner of Public Prosecutions?
MultiRegion, United States of America
The following excerpt is from Smolen v. Chater, 80 F.3d 1273 (9th Cir. 1996):
By step five of the five-step sequential inquiry, the burden shifts to the Commissioner to prove that, based on the claimant's residual functional capacity, age, education, and past work experience, she can do other work. Bowen v. Yuckert, 482 U.S. at 142, 107 S.Ct. at 2291-92, 20 C.F.R. 404.1520(f). If she can, she is not disabled; if she cannot, she is disabled. Id.
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