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Showing posts with label RFC. Show all posts
Showing posts with label RFC. Show all posts

Saturday, November 09, 2013

SSI Disability Five Step Process - Burden of Proof, SSI, SSDI, RFC,

Social Security regulations set forth a sequential five-step inquiry that must be conducted to determine whether a claimant satisfies that definition (Liskowitz, 559 F.3d at 740, citing Reg. §§ 404.1520 and 416.920). In that inquiry the ALJ must determine (Dixon v. Massanari, 270 F.3d 1171, 1176 (7th Cir. 2001), citing Reg. § 404.1520):
(1) whether the claimant is currently employed, (2) whether the claimant has a severe impairment, (3) whether the claimant's impairment is one that the Commissioner considers conclusively disabling, (4) if the claimant does not have a conclusively disabling impairment, whether she can perform her past relevant work, and (5) whether the claimant is capable of performing any work in the national economy.
At step five of the analysis the ALJ may use the Medical Vocational Guidelines to determine whether the claimant's exertional limitations prevent her from performing any work (Fast v. Barnhart, 397 F.3d 468, 470 (7th Cir. 2005)). If, however, the claimant suffers from both exertional and nonexertional impairments, the Medical Vocational Guidelines are not determinative but rather "provide a framework for consideration" (id. at 471, quoting Reg. Pt. 404, Subpt. P, App. 2 § 200.00(e)(2)).

DAYNA CHARLAYNE SMITH, Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.

Case No. 11 C 7034.
United States District Court, N.D. Illinois, Eastern Division.
March 19, 2013.