What is the test for impairment to be considered for a disability claim?
MultiRegion, United States of America
The following excerpt is from Burgess v. Astrue, 537 F.3d 117 (2nd Cir. 2008):
423(d)(1)(A). "The impairment must be of `such severity that [the claimant] is not only unable to do his previous work but cannot, considering his age, education, and work experience, engage in any other kind of substantial gainful work which exists in the national economy.'" Shaw v. Chater, 221 F.3d 126, 131-32 (2d Cir.2000) ("Shaw") (quoting 42 U.S.C. 423(d)(2)(A)).
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