What is the test for disability benefits under the Social Security Act?

MultiRegion, United States of America

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

The Social Security Act provides benefits to qualified individuals who are disabled. 42 U.S.C. Sec. 423(a)(1) (1982). "Disability" is defined as the "inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment." 42 U.S.C. Sec. 423(d)(1)(A) (1982). The Act further specifies that a claimant must "not only [be] unable to do his previous work but [must be unable], considering his age, education, and work experience, [to] engage in any other kind of substantial gainful work which exists in the national economy, regardless of whether such work exists in the immediate area in which he lives, or whether a specific job vacancy exists for him, or whether he would be hired if he applied for work." 42 U.S.C. Sec. 423(d)(2)(A) (1982). Although claimants have the burden of proving disability, once they show that their impairment prevents them from performing past work the burden of going forward with the evidence shifts to the Secretary. Thompson v. Schweiker, 665 F.2d 936, 939 (9th Cir.1982). The Secretary must show that claimants can do less demanding substantial gainful work, given their age, education, and work experience. 42 U.S.C. Sec. 423(d)(2)(A) (1982); 20 C.F.R. Sec. 404.1520(f) (1985).

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