20 C.F.R. §404.1520 - Evaluation of disability in general

Cite as20 C.F.R. §404.1520
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76356 cases
  • Englerth v. Colvin, Case No. 1:15CV82NCC
    • United States
    • United States District Courts. 8th Circuit. United States District Court (Eastern District of Missouri)
    • September 29, 2016
    ...the claimant first cannot be engaged in "substantial gainful activity" to qualify for disability benefits. 20 C.F.R. §§ 416.920(b), 404.1520(b). Second, the claimant must have a severe impairment. 20 C.F.R. §§ 416.920(c), 404.1520(c). The Social Security Act defines "severe impairment" as "......
  • Johnston v. Colvin
    • United States
    • United States District Courts. 8th Circuit. United States District Court (Eastern District of Missouri)
    • September 30, 2016
    ...the claimant first cannot be engaged in "substantial gainful activity" to qualify for disability benefits. 20 C.F.R. §§ 416.920(b), 404.1520(b). Second, the claimant must have a severe impairment. 20 C.F.R. §§ 416.920(c), 404.1520(c). The Social Security Act defines "severe impairment" as "......
  • Rease v. Barnhart, No. 1:04-CV-3239-JMF.
    • United States
    • United States District Courts. 11th Circuit. United States District Courts. 11th Circuit. Northern District of Georgia
    • April 12, 2006
    ...1233 (11th Cir.1983). The Commissioner, in reaching his determination, must also follow a five step sequential evaluation process. 20 C.F.R. §§ 404.1520 (1986). First, the Commissioner must look at whether the claimant is working. A claimant presently engaged in substantial gainful activity......
  • Gunter v. Saul, Civil Action No. 8:18-cv-02298-RMG-JDA
    • United States
    • United States District Courts. 4th Circuit. United States District Court of South Carolina
    • August 28, 2019
    ...claimant from performing past relevant work; and (5) the impairment prevents the claimant from having substantial gainful employment. 20 C.F.R. §§ 404.1520, 416.920. Through the fourth step, the burden of production and proof is on the claimant. Grant v. Schweiker, 699 F.2d 189, 191 (4th Ci......
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1 firm's commentaries
  • The Supreme Court - June 25, 2018
    • United States
    • JD Supra United States
    • June 26, 2018
    ...Bistek v. Berryhill, No. 17-1183: Whether a vocational expert’s testimony can constitute substantial evidence of “other work,” 20 C.F.R. §404.1520(a)(4)(v), available to an applicant for social security benefits on the basis of a disability, when the expert fails upon the applicant’s reques......
32 books & journal articles
  • Issue Topics
    • United States
    • James Publishing Practical Law Books Social Security Disability Collection - James' Best Materials. Volume 2
    • May 5, 2015
    ...the combined impact of the impairments shall be considered throughout the disability determination process. APPLICABLE REGULATIONS 20 C.F.R. §§404.1520, 416.920 The regulations provide that a claimant must have a severe impairment. If the claimant does not have any impairment or combination......
  • Case survey
    • United States
    • James Publishing Practical Law Books Bohr's Social Security Issues Annotated - Volume I
    • May 4, 2015
    ...impairments, but found that his mental impairments were non-severe. In so finding, the ALJ adverted only to the literal terms of 20 C.F.R. § 404.1520(c) in defining a severe impairment. Id. at 392. The Fifth Circuit held that the ALJ did not apply the correct severity standard, stating: The......
  • Attacking Vocational Expert Testimony
    • United States
    • James Publishing Practical Law Books Social Security Disability Advocate's Handbook Content
    • May 4, 2020
    ...it is possible for you to have a period of disability for a time in the past even though you do not now have a severe impairment. 20 C.F.R. §404.1520 (c) (2018). See 20 C.F.R. §404.1522(a) (2018) (“An impairment or combination of impairments is not severe if it does not significantly limit ......
  • SSR 96-8p: Assessing Residual Functional Capacity in Initial Claims
    • United States
    • James Publishing Practical Law Books Social Security Disability Advocate's Handbook Content
    • May 4, 2020
    ...national economy .” Moreover, that term of art is used interchangeably with the term of art, “any other work.” By cross-referencing 20 C.F.R. §§404.1520 (f) (2018) and §416.920 (f) (2018) for SSI claims), one can appreciate that, at step five of the sequential evaluation, “substantial gainf......
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