What is the test for a claim for Social Security benefits under the Social Security Act?

MultiRegion, United States of America

The following excerpt is from Lail v. Kijakazi, 1:20-cv-1349 JLT (E.D. Cal. 2021):

To qualify for benefits under the Social Security Act, Plaintiff must establish she is unable to engage in substantial gainful activity due to a medically determinable physical or mental impairment that has lasted or can be expected to last for a continuous period of not less than 12 months. 42 U.S.C. 1382c(a)(3)(A). An individual shall be considered to have a disability only if:

42 U.S.C. 1382c(a)(3)(B). The burden of proof is on a claimant to establish disability. Terry v. Sullivan,

903 F.2d 1273, 1275 (9th Cir. 1990). If a claimant establishes a prima facie case of disability, the burden shifts to the Commissioner to prove the claimant is able to engage in other substantial gainful employment. Maounis v. Heckler, 738 F.2d 1032, 1034 (9th Cir. 1984).

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