What is the burden of establishing that a claimant can perform other work in the national economy?
The following excerpt is from Silveira v. Apfel, 204 F.3d 1257 (9th Cir. 2000):
14. The Commissioner has the burden to show that the claimant can perform other work existing in the national economy,"given his residual functional capacity, age, education, and work experience." Martinez v. Heckler, 807 F.2d 771, 773 (9th Cir. 1987). Because literacy, or education level, is relevant only to this latter inquiry and not to the existence of a disability, on which the claimant bears the burden of proof, it follows that the Commissioner bears the burden of establishing this factor.
14. The Commissioner has the burden to show that the claimant can perform other work existing in the national economy,"given his residual functional capacity, age, education, and work experience." Martinez v. Heckler, 807 F.2d 771, 773 (9th Cir. 1987). Because literacy, or education level, is relevant only to this latter inquiry and not to the existence of a disability, on which the claimant bears the burden of proof, it follows that the Commissioner bears the burden of establishing this factor.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
