What is the procedure for determining a disability under the Mental Health Act?
MultiRegion, United States of America
The following excerpt is from Tolany v. Heckler, 756 F.2d 268 (2nd Cir. 1985):
The basic procedure for determining disability under the Act is set forth in 20 C.F.R. Sec. 404.1520. That section provides that the Secretary shall follow what has come to be called the "sequential evaluation process." The use of this procedure is not discretionary; it is a regulatory requirement. City of New York v. Heckler, 742 F.2d 729, 732 (2d Cir.1984). We recently summarized the five steps that section 404.1520 requires in the determination of disability:
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