What is the current state of the law on the second stage of a disability claim?

MultiRegion, United States of America

The following excerpt is from Calvin v. Heckler, 782 F.2d 802 (9th Cir. 1986):

1 This second stage was recently invalidated in Yuckert v. Heckler, 774 F.2d 1365 (9th Cir.1985). The court held that the severity regulation, by ignoring vocational factors when a claimant's impairment is found non-severe, improperly denies benefits to a claimant who has made a prima facie showing of disability.

Other Questions


When a state prisoner has defaulted on his federal claim in a state court pursuant to an independent and adequate state procedural rule, can he seek a federal habeas review of the claim? (MultiRegion, United States of America)
If a federal claim is not "adjudicated on the merits" in a state court, if the state court rejects the federal claim, what is the legal test for review of the claim? (MultiRegion, United States of America)
When a state prisoner has defaulted on his federal claim in a state court pursuant to an independent and adequate state procedural rule, can he seek federal habeas review of the claim? (MultiRegion, United States of America)
If a claimant is disabled or not disabled at any stage of the disability review process, is that step terminated? (MultiRegion, United States of America)
When a state court rejects some claims but does not expressly address a federal claim, can the federal court presume that the federal claim was adjudicated on the merits? (MultiRegion, United States of America)
What is the current state of the law on the definition of impairment in a disability claim? (MultiRegion, United States of America)
Can a refugee adjudicator revise or amend his conclusion at the second stage of a second-stage immigration inquiry? (Canada (Federal), Canada)
What is the test for determining whether a claimant is a "disabled" or "not disabled" in a disability claim? (MultiRegion, United States of America)
When a state court rejects some claims but does not expressly address a federal claim, must the federal court presume that the federal claim was adjudicated on the merits? (MultiRegion, United States of America)
When two state procedural bars are invoked in a single order disposing of multiple claims in a personal injury case, can the state be deemed to be inconsistent with the other state? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.