Evaluation of disability in general

CurrencyCurrent through May 31, 2023
Citation 20 C.F.R. §404.1520

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1302 cases
  • Ford v. Comm'r of Soc. Sec., Civ. No. 2:12-cv-3857 (KM)
    • United States
    • U.S. District Court — District of New Jersey
    • March 31, 2014
    ...Administration ("SSA") has established a five-step evaluation process for determining whether a claimant is entitled to benefits. 20 CFR §§ 404.1520, 416.920; see also Plummer v. Apfel, 186 F.3d 422, 428 (3d Cir. 1999).Step 1: Determine whether the claimant has engaged in substantial gainfu......
  • Rodriguez v. Berryhill, 16 Civ. 8752 (AJP)
    • United States
    • U.S. District Court — Southern District of New York
    • August 28, 2017
    ...F.3d at 773 (citing cases). The Commissioner's regulations set forth a five-step sequence to be used in evaluating disability claims. 20 C.F.R. §§ 404.1520, 416.920; see, e.g., Barnhart v. Thomas, 540 U.S. 20, 24-25, 124 S. Ct. 376, 379-80 (2003); Bowen v. Yuckert, 482 U.S. 137, 140, 107 S.......
  • O'Dell v. Colvin
    • United States
    • U.S. District Court — Southern District of New York
    • November 22, 2016
    ...F.3d at 773 (citing cases). The Commissioner's regulations set forth a five-step sequence to be used in evaluating disability claims. 20 C.F.R. §§ 404.1520, 416.920; see, e.g., Barnhart v. Thomas, 540 U.S. 20, 24-25, 124 S. Ct. 376, 379-80 (2003); Bowen v. Yuckert, 482 U.S. 137, 140, 107 S.......
  • Jones v. O'Malley
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • July 12, 2024
    ...establishing procedures for evaluating claims and determining disability. See 42 U.S.C. §§ 405(a) and 1383(d)(1). Pursuant to 20 C.F.R. § 404.1520, a five-step sequential process is used to decide whether the applicant is disabled. Newton, 209 F.3d at 453 (citing 20 C.F.R. § 404.1520). Spec......
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20 books & journal articles
  • Pain
    • United States
    • ABA General Library ABA Medical-Legal Guides. The Spine for Lawyers Part 1. The Building Blocks of Human Anatomy
    • March 1, 2013
    ...U.S.C. § 423(d)(1) (A)). 97 42 U.S.C.A. § 423(d)(2)(A) (West 2004). 98 20 C.F.R. §§ 404.1508, 416.908 (1991). 99 Id. 100 Id. 101 See 20 C.F.R. §§ 404.1520, 416.920 (2003); Bowen v. Yuckert, 482 U.S. 137, 140–42 (1987). 102 Lacroix v. Barnhart, 465 F.3d 881, 888 n.3 (8th Cir. 2006). 103 20 C......
  • Myofascial Pain and Trigger Points
    • United States
    • ABA General Library ABA Medical-Legal Guides. The Spine for Lawyers Part 2. The Spine
    • March 1, 2013
    ...U.S.C. § 423(d)(1)(A)). 81 42 U.S.C.A. § 423(d)(2)(A) (West 2004). 82 20 C.F.R. §§ 404.1508, 416.908 (1991). 83 Id . 84 Id . 85 See 20 C.F.R. §§ 404.1520, 416.920 (2003); Bowen v. Yuckert, 482 U.S. 137, 140–42 (1987). 86 Lacroix v. Barnhart, 465 F.3d 881, 888 n.3 (8th Cir. 2006). 87 20 C.F.......
  • The Social Security Disability Appeals Backlog Crisis and the Necessity of Radical Reform
    • United States
    • Capital University Law Review No. 45-3, June 2017
    • June 1, 2017
    ...ability(ies) to perform basic work act ivities.” 10 Step two, then, is a test to 5 The five-step evaluation process is set forth in 20 C.F.R. §§ 404.1520(a)(4)(i)–(v), 416.920(a)(4)(i)–(v) (2016). Because the five-step process is identical for both DIB and SSI, in the remainder of this Arti......
  • The Importance of Specialist Medical Consultants in the SSA Disability Determination Process: Analysis and Proposals
    • United States
    • Iowa Law Review No. 102-3, March 2017
    • March 1, 2017
    ...infra Part II.D for an explanation of how the SSA official must consider and weigh medical opinion evidence during these steps. 77. 20 C.F.R. § 404.1520(a)(4)(i) (2016). Again, “[s]ubstantial gainful activity means work that—(a) [i]nvolves doing significant and productive physical or mental......
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