What is the burden of proof for a vocational expert to determine whether a claimant can return to his or her previous job?
MultiRegion, United States of America
The following excerpt is from Clegg v. Callahan, 119 F.3d 5 (9th Cir. 1997):
If a claimant shows that he or she cannot return to his or her previous job, the burden of proof shifts to the [Commissioner] to show that the claimant can do other kinds of work. Without other reliable evidence of a claimant's ability to perform specific jobs, the [Commissioner] must use a vocational expert to meet that burden.
Matthews v. Shalala, 10 F.3d 678, 681 (9th Cir.1993) (citation omitted).
"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.
Other Questions
What is the test for determining whether the Secretary of State has a burden of burden on a claimant in claiming disability benefits? (MultiRegion, United States of America)
What is the burden of a Commissioner in determining whether a claimant bears the burden at step five of a disability claim? (MultiRegion, United States of America)
What is the test for determining whether age was a determining factor in determining whether a plaintiff should be retained or discharged? (MultiRegion, United States of America)
What is the test for determining whether a party’s intention is a determining factor in determining whether there is a contract for services? (Canada (Federal), Canada)
What is the test for determining whether a claimant has a vocational disability? (MultiRegion, United States of America)
What is the test for corroborating evidence in determining whether an applicant met his or her burden of proof? (MultiRegion, United States of America)
What is the burden of proving that physical impairment prevents a claimant from returning to his previous occupation? (MultiRegion, United States of America)
What is the test for determining whether a defendant has considered each of the factors that determine whether they have been found liable for damages? (MultiRegion, United States of America)
What is the burden of determining whether a claimant is disabled by the Commissioner of Public Prosecutions? (MultiRegion, United States of America)
What is the burden of proof for each party in determining whether clause 1E applies? (Canada (Federal), Canada)
