The following excerpt is from Bapp v. Bowen, 802 F.2d 601 (2nd Cir. 1986):
Because the question of whether expert testimony is necessary presents a question of law, we examine the district court's determination in light of the pertinent regulations and decisions. The Secretary has promulgated a five-step sequence for evaluating disability claims. See 20 C.F.R. Secs. 404.1520, 416.920 (1986). Because Bapp is not currently engaged in substantial gainful activity, has a severe impairment that significantly limits his physical or mental ability to perform work, and cannot perform past relevant work, his impaired condition satisfies the majority of these steps. Only the fifth step is disputed--whether there is other work that claimant could perform. See Berry v. Scheiker, 675 F.2d 464, 467 (2nd Cir.1982).
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