What is the burden of proving a disability claimant is able to work?

MultiRegion, United States of America

The following excerpt is from Curry v. Apfel, 2000 WL 358549, 209 F.3d 117 (2nd Cir. 1998):

Cir. 1996) ("If the claimant satisfies her burden of proving the requirements in the first four steps, the burden then shifts to the [Commissioner] to prove in the fifth step that the claimant is capable of working."); Bapp v. Bowen, 802 F.2d 601, 604 (2d Cir. 1986) ("Once a disability claimant proves that his severe impairment prevents him from performing his past work, the [Commissioner] then has the burden of proving that the claimant still retains a residual functional capacity to perform alternative substantial gainful work which exists in the national economy.").

Other Questions


What is the burden of proving that a claimant was disabled during the period for which they sought disability benefits? (MultiRegion, United States of America)
What is the burden of proving that the claimant became disabled prior to the expiration of his disability insured status? (MultiRegion, United States of America)
What is the burden of proving that a claimant is disabled under a disability benefit plan? (MultiRegion, United States of America)
What is the burden of proving a claimant can perform his past relevant work at step four of the disability determination? (MultiRegion, United States of America)
What is the burden of proving a disability under the Ontario Disability Act? (MultiRegion, United States of America)
What is the burden of proving alternative gainful work which exists in the national economy and which the claimant could perform? (MultiRegion, United States of America)
What is the burden of proving that a claimant is not disabled? (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 a claimant is a "disabled" or "not disabled" in a disability claim? (MultiRegion, United States of America)
What is the burden of establishing a disability by demonstrating that the claimant can perform other types of work in the national economy? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.