What is the test for determining whether a claimant is "not disabled" under section 5 of the Ontario Disability Guidelines?

MultiRegion, United States of America

The following excerpt is from Lapsley v. Sullivan, 940 F.2d 1535 (9th Cir. 1991):

Where use of the grids is inappropriate, the Secretary is required to call a vocational expert and hear testimony as to the number of jobs in the national economy that the claimant is capable of performing. Id. at 580 (citing Kail v. Heckler, 722 F.2d 1496, 1498 (9th Cir.1984)). If the number is significant, the Secretary is justified in finding that the claimant is "not disabled." Id. Here the Secretary admits that, although a vocational expert testified, the Secretary did not base his finding of "not disabled" on that testimony. The Secretary erred in failing to rely on expert testimony, and in relying on the grids instead. See Desrosiers, 846 F.2d at 579.

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