20 C.F.R. § 404.1520

Section 404.1520 requires a sequential five-step disability analysis, and once a claimant has a severe impairment satisfying step two, the ALJ may proceed without separately addressing other impairments at that step.

Ishmael v. Barnhart · filed 2002-07-25

The Social Security Regulations provide a five-step process to determine whether a claimant has established a “disability.” 20 C.F.R. § 404.1520. The process is sequential; if the ALJ finds that the claimant is not disabled at any step in the process, the analysis ends. ... Therefore, because the ALJ determined in step two that Ishmael’s back impairment met the severity threshold required to proceed to the next step, it was not necessary to discuss any mental impairment at that stage in the analysis.

Section 404.1520 requires an ALJ to evaluate a supplemental-security-income claim through a five-step process, including determining substantial gainful activity, severe impairment, listed impairment, residual functional capacity for past work, and ability to perform other work.

Rebull v. Massanari · filed 2002-12-30

The ALJ assesses an applicant’s claim for supplemental security income according to a five-step process dictated by 20 C.F.R. § 404.1520. First, the ALJ must determine whether the claimant is engaged in substantial gainful activity. If not, at step two, the ALJ asks whether the claimant has a “severe impairment” which significantly limits his physical or mental ability to perform basic work activities. Third, if the ALJ finds a “severe impairment” that is listed in Appendix 1 of the SSA regulations, there is a presumption of disability. If the “severe impairment” is not contained in Appendix 1, the ALJ must determine whether the claimant has the residual functional capacity to perform past work. Finally, at step five, if the claimant is unable to perform past work, the ALJ determines whether there is other work that he is capable of performing. The claimant has the burden of proving the requirements of the first four steps and, if satisfied, the burden shifts to the Commissioner at step five.

Section 404.1520 requires an ALJ evaluating disability claims to use a five-step process addressing current work, severe impairment, listed impairment, past relevant work, and other available work in light of the claimant's age, education, work experience, and residual functional capacity.

Boyce v. Comm Social Security · filed 2003-03-28

In evaluating disability claims, an ALJ is required to follow a five-step procedure set out in 20 C.F.R. § 404.1520. This analysis required that the ALJ determine whether Boyce was working; whether she suffers from a severe medical impairment that limits her ability to work; and whether the impairment meets or equals the criteria of an impairment listed at 20 C.F.R. Part 404, Subpart P, Appendix 1. Had Boyce met these criteria, the ALJ would have found her disabled. Since she did not meet the criteria, the ALJ had to determine whether she was incapable of performing her past relevant work. If the ALJ had found her unable to perform her past work, the ALJ would have had to consider her age, education, past work experience, and residual functional capacity, and determine whether she was capable of performing any other work. Id. at § 404.1520(f).

Section 404.1520 requires the Commissioner to determine disability through a five-step evaluation process.

Marnell v. Barnhart · filed 2003-03-31

To determine whether a claimant has a disability within the meaning of the Social Security Act, the Commissioner follows a five-step process outlined in the regulations.

Section 404.1520 sets out a five-step sequential process for deciding whether a claimant is disabled, including whether the claimant can perform past or other substantial gainful work.

Ruiz v. Commissioner of Social Security · filed 2003-09-23

The five-step evaluation process by which disability insurance benefits should be determined is set forth in 20 C.F.R. § 404.1520. The sequential evaluation for the adjudication of disability claims is the following: (1) whether the claimant is currently engaged in substantial gainful activity; (2) whether the claimant suffers from a severe impairment; (3) whether such impairment is one, or is analogous to one of the impairments listed under Appendix I to Subpart P of the Administrative Regulations No. 4. of the Act; (4)whether the claimant’s impairments prevent her from performing her past relevant job; and finally; (5) whether the claimant is able to perform any other form of substantial gainful activity.

Section 404.1520(a)(4)(i) makes the first step of disability analysis whether the claimant is currently engaged in substantial gainful activity.

Perkins v. Comm Social Security · filed 2003-10-28(a)(4)(i)

To determine whether a claimant is disabled and thus entitled to Disability Insurance Benefits, the Commissioner undertakes a five-step evaluation process. This process requires the Commissioner to consider, in sequence: (1) whether the claimant is currently engaged in substantial gainful activity; (2) if not, whether the claimant has a severe impairment; (3) if so, whether the claimant’s severe impairment meets or equals the criteria of an impairment listed in 20 C.F.R. pt. 404, subpt. P, app. 1; (4) if not, whether the claimant’s impairment prevents him from performing his past relevant work; and (5) if so, whether the claimant can perform any other work which exists in the national economy, in light of his age, education, work experience, and residual functional capacity. 20 C.F.R. §§ 404.1520(a)(4)(i) - (v); Sykes v. Apfel, 228 F.3d 259, 262-263 (3d Cir. 2000). If other work exists for the claimant, he will not qualify as disabled. Id.

Section 404.1520 establishes a five-step process for deciding disability claims, ending with whether the claimant can perform work existing in significant numbers in the national economy.

Henderson v. Social Security Administration · filed 2004-01-14(a), (c), (d), (e), and (f)

The Social Security Administration has promulgated a five-step evaluation process to determine whether an individual is disabled. See 20 C.F.R. § 404.1520; see generally Plummer, 186 F.3d at 428. In step one, the Commissioner decides whether the claimant is currently engaging in substantial gainful activity. If so, the claimant is not eligible for disability benefits. 20 C.F.R. § 404.1520(a). In step two, the Commissioner determines whether the claimant is suffering from a severe impairment. If the impairment is not “severe,” the claimant is not eligible for disability benefits. 20 C.F.R. § 404.1520(c). In step three, the Commissioner evaluates whether the evidence establishes that the claimant suffers from a listed impairment. If so, the claimant is automatically eligible for benefits. If the claimant does not suffer from a listed impairment or its equivalent, however, the Commissioner proceeds to the next step. 20 C.F.R. § 404.1520(d). In step four, the Commissioner reviews whether the claimant retains the “residual functional capacity” to perform his past relevant work. If so, the claimant is not eligible for disability benefits. 20 C.F.R. § 404.1520(e). Finally, in step five the Commissioner considers whether work exists in significant numbers in the national economy that the claimant can perform given his medical impairments, age, education, past work experience, and “residual functional capacity.” If so, the claimant is not eligible for benefits. 20 C.F.R. § 404.1520(f). In this final step, “the burden of production shifts to the Commissioner, who must demonstrate the claimant is capable of performing other available work in order to deny a claim of disability.” Plummer, 186 F.3d at 428.

At Step Five, § 404.1520(f) requires the ALJ to determine whether the claimant can do any other work.

Whittaker v. Commissioner of Social Security · filed 2004-02-11(f)

At Step Five, the ALJ determines whether the claimant can do any other work. 20 C.F.R. §§ 404.1520(f), 416.920(f).

Section 404.1520 establishes a five-step analysis for deciding whether a claimant is disabled.

Hawkins v. Barnhart · filed 2005-02-15

The Court’s first inquiry is whether the ALJ applied the correct legal principles in determining Hawkins’s eligibility. In this case, she did so. She applied the proper five-part test under 20 C.F.R. §§ 4Ó4.1520 and 416.920, and found that Hawkins was not disabled within the meaning of the Act because she retained the functional capacity to perform her past relevant work as a supermarket cashier.

Section 404.1520 requires a five-step sequential evaluation of disability claims, progressing from substantial gainful activity and severe impairment through the listings, past work, and other work.

Baldwin v. Barnhart · filed 2005-03-24(b)-(f)

The five step analysis begins with the question of whether the claimant engaged in substantial gainful employment. 20 C.F.R. § 404.1520(b). If not, the analysis continues to determine whether, based upon the medical evidence, the claimant has a severe impairment. 20 C.F.R. § 404.1520(c). If the claimed impairment is sufficiently severe, the third step considers whether the claimant has an impairment that equals or exceeds in severity one or more of the impairments listed in Appendix I of the regulations. 20 C.F.R. § 404.1520(d); 20 C.F.R., Part 404, Sub-part P, App. I. If so, the claimant is disabled. If not, the next inquiry considers if the impairment prevents the claimant from returning to past work. 20 C.F.R. § 404.1520(e); 20 C.F.R. § 404.1545(a). If the answer is in the affirmative, the final consideration looks to whether the impairment precludes the claimant from performing other work. 20 C.F.R. § 404.1520(f).

Section 404.1520 establishes a five-step sequential evaluation for disability and requires the ALJ to stop when disability or nondisability is determined, including at Step 4 when the claimant can perform past relevant work.

Brewster v. Comm Social Security · filed 2005-08-16

The ALJ follows a “five-step sequential evaluation process” to determine whether a claimant is disabled within the meaning of the Social Security Act. If a finding of disability or non-disability can be made at one of the steps in the process, the determination will be made then and the ALJ will not reach the next step. ... 4) the ALJ assesses the claimant’s residual functional capacity and her past relevant work; if she is still able to perform her past relevant work, she is not disabled. ... 20 C.F.R. § 404.1520. ... Judge Gajewski’s finding that Brewster’s past relevant work included light work as an assembly line worker was required by the regulations, essential to his ultimate judgment that Brewster was not disabled, and, in the absence of new evidence, precluded a second finding on Brewster’s past relevant work by Judge Davis.

Section 404.1520(a)(4) requires disability claims to be evaluated through a five-step sequential process, with a finding of no disability at any step ending the inquiry.

Rivera v. Barnhart · filed 2005-07-28(a)(4)

The ALJ, representing the Commissioner, must follow a five step process in evaluating a disability claim. ... A finding of no disability at any one step ends the inquiry without proceeding to the next step. ... The first inquiry made by the ALJ is whether the claimant is currently engaged in substantial gainful activity. ... If this is the case, the ALJ failed to consider step two, which is whether the claimant has a "severe impairment" that significantly limits his physical or mental ability to perform basic work activities; step three, which is whether the claimant suffers a "severe impairment" that is listed in 20 C.F.R. pt. 404, app. 1 ("Appendix 1”) of the regulations, creating a presumption of disability, ...

Section 404.1520 requires an ALJ to evaluate disability claims through a sequential five-step analysis, including determining whether the claimant has a severe impairment.

Sanchez v. Barnhart · filed 2005-09-16

In determining whether a person is disabled, the Regulations require the A.L.J. to perform a sequential five-step analysis. 20 C.F.R. §§ 404.1520. In step one, the A.L.J. must determine whether the claimant is currently engaged in substantial gainful activity. In step two, the A.L.J. must determine whether the claimant is suffering from a severe impairment. If the claimant fails to show that his or her impairment is severe, he or she is ineligible for benefits.

Section 404.1520(a)(4) allows the step-four inability-to-return-to-past-work finding to be implicit when adjudicators proceed to step five, with the step-five burden satisfied by the Medical-Vocational Guidelines.

Baker v. Jo Anne B. Barnhart · filed 2006-06-13(a)(4)

The dissent notes that the ALJ did not expressly find that Baker could not return to his past relevant work. However, this finding was made implicitly when the ALJ proceeded past step (iv) and reached step (v) of the 20 C.F.R. § 404.1520 analysis. See footnote 2, ante. The absence of an express finding did not prejudice Baker with respect to burden-shifting at step (v) because use of the Medical-Vocational Guidelines is sufficient to meet the Commissioner’s burden. See Naber, 22 F.3d at 189-90 (“[T]he Secretary’s burden [at the fifth step] may be met by use of the [Medical-Vocational Guidelines].” (quoting Hutsell, 892 F.2d at 750) (alterations in Naber)).

Section 404.1520 requires an ALJ to use a five-step sequential process, shifting the burden to the Commissioner at step five to show that other substantial gainful employment is available when the claimant cannot perform past work.

MULET-RIVERA v. Barnhart · filed 2006-06-22(b)-(f)

An ALJ must engage in a five-step sequential inquiry to determine whether the claimant is capable of performing “substantial gainful activity,” or is, in fact, disabled: ... 1. An individual who is working and engaging in substantial gainful activity will not be found disabled regardless of the medical findings. ... 2. An individual who does not have a “severe impairment” will not be found to be disabled. ... 3. An individual who “meets or equals a listed impairment in Appendix 1” of the regulations will be considered disabled without consideration of vocational factors. ... 4. If an individual is capable of performing the work she has done in the past, a finding of “not disabled” must be made. ... 5. If an individual’s impairment precludes performance of her past work, then other factors, including age, education, past work experience, and residual functional capacity must be considered to determine if any work can be performed. ... The claimant has the burden to prove disability under the first four steps. ... If the claimant successfully carries this burden, the burden shifts to the Commissioner in step five to show that other substantial gainful employment is available in the national economy, which the claimant is capable of performing. ... A finding that a claimant is disabled or is not disabled at any point in the five-step review is conclusive and terminates the analysis.

Section 404.1520 establishes a five-step sequential test for determining disability, including at step five whether the claimant can perform other work in the national economy based on the claimant’s residual functional capacity, age, education, and work experience.

Conner v. Barnhart · filed 2006-07-17(a)(4)(v)

The Social Security Act and regulations thereunder, 20 C.F.R. §§ 404.1520(a)(4)®-(v) and 416.920(a)(4)(i)-(v), apply a five step test to determine whether a claimant is disabled for the purposes of the Act. ... Under the fifth step, the ALJ asks whether the claimant’s RFC, age, education and work experience indicate that the claimant could work another job in the national economy. 20 C.F.R. § 404.1520(a)(4)(v). If so, the claimant is not disabled.

Section 404.1520(a)(4) requires a five-step sequential analysis to determine disability; here, the ALJ found at step two that the claimant lacked a severe impairment.

Krzywoszyja v. Commissioner of Social Security · filed 2006-08-08(a)(4)

Pursuant to the regulations, the ALJ engages in a five-step sequential analysis when evaluating whether a claimant is disabled. 20 C.F.R. § 404.1520(a)(4). ... In the present case, the ALJ engaged in the five-step sequential analysis, but concluded that the claimant did not establish a severe impairment as required by step two.

Section 404.1520 establishes a five-step sequential process for deciding disability, including the claimant's burdens through step four and the Commissioner's burden at step five.

Outlaw v. Jo Anne B. Barnhart · filed 2006-08-10

The Social Security Regulations outline a five-step sequential evaluation process for determining whether a claimant is disabled. 20 C.F.R. § 404.1520; Jones v. Apfel, 190 F.3d 1224, 1228 (11th Cir. 1999). In steps one and two, the claimant must show that he has not engaged in substantial gainful activity; and he must prove a severe impairment or combination of impairments. Jones, 190 F.3d at 1228. In step three, the impairment is compared to listed impairments; if the impairment meets or equals a listed impairment, disability is automatically established. Id. If step three’s impairment listing does not establish disability, in step four claimant must show an inability to perform past relevant work. Id. If claimant makes a sufficient showing of inability to perform past relevant work, in step five the Commissioner bears the burden of showing other available work that claimant is able to perform.

Section 404.1520 requires a five-step disability evaluation: the Commissioner assesses employment, severity, listed impairments, residual functional capacity for past work, and other work, with the burden shifting to the Commissioner at step five.

Montalvo v. Barnhart · filed 2006-10-06

The federal regulations set forth a five-step inquiry by which the Commissioner evaluates a claim for disability insurance benefits. 20 C.F.R. §§ 404.1520, 416.920. ... The first step of this process requires the [Commissioner] to determine whether the claimant is presently employed. If the claimant is not employed, the [Commissioner] then determines whether the claimant has a ‘severe impairment’ that limits her capacity to work. If the claimant has such an impairment, the [Commissioner] next considers whether the claimant has an impairment that is listed in Appendix 1 of the regulations. When the claimant has such an impairment, the [Commissioner] will find the claimant disabled. However, if the claimant does not have a listed impairment, the [Commissioner] must determine, under the fourth step, whether the claimant possesses the residual functional capacity to perform [his] past relevant work. Finally, if the claimant is unable to perform [his] past relevant work, the [Commissioner] determines whether the claimant is capable of performing any other work. If the claimant satisfies [his] burden of proving the requirements in the first four steps, the burden shifts to the [Commissioner] to prove in the fifth step that the claimant is capable of working.

Section 404.1520 establishes a five-step disability evaluation, with the Commissioner bearing the step-five burden to show that a claimant unable to return to past relevant work can perform other jobs existing in significant numbers in the national economy.

Baty v. Barnhart · filed 2007-06-13

The Social Security Administration has developed a five-step process to evaluate disability claims. 20 C.F.R. §§ 404.1520, 416.920. ... If it is determined -that the claimant cannot return to his past relevant work, the burden of proof shifts to the Commissioner during step five to show that the impairment does not prevent the claimant from performing other jobs that exist in significant numbers in the national economy, considering residual capacities, age, education, and work experience. ... If the Commissioner carries this burden, the burden shifts back to the claimant to prove that he is unable to perform the alternative work.

Section 404.1520(a)(4) requires an ALJ to evaluate disability through five sequential steps addressing work activity, impairment severity, listed impairments, residual functional capacity and past work, and the ability to adjust to other work.

Johnson v. Commissioner of Social Security · filed 2008-01-28(a)(4)

An ALJ must engage in a five-step sequential evaluation process in determining whether a person is disabled under the Act. 20 C.F.R. § 404.1520 (a)(4). The first step requires that the individual not be gainfully employed. 20 C.F.R. § 404.1520 (a)(4)(I). The second step requires that the individual’s impairments qualify as “severe.” 20 C.F.R. § 404.1520 (a)(4)(ii). The third step requires that the individual’s impairments meet or equal one of the listings in Appendix 1 and the duration requirement. 20 C.F.R. § 404.1520 (a)(4)(iii). The fourth step is an assessment of the claimant’s residual functional capacity, which includes an inquiry into whether the claimant can perform her past relevant work. 20 C.F.R. § 404.1520 (a)(4)(iv). The fifth step involves an analysis of whether the claimant, taking into consideration her residual functional capacity, age, education and work experience, can make an adjustment to other work. 20 C.F.R. § 404.1520 (a)(4)(v).

Section 404.1520 requires a five-step disability inquiry that considers listing-level severity, residual functional capacity, past relevant work, and the ability to adjust to other work.

Berger, John v. Astrue, Michael J. · filed 2008-02-08(a)(4)(iii)-(v), (d)

As mentioned, an ALJ conducts a five-step inquiry in deciding whether to grant or deny benefits as required by 20 C.F.R. § 404.1520. Step three requires the ALJ to “consider the medical severity of [the] impairment[s]” to determine whether the impairment “meets or equals one of [the] listings in” appendix 1 of subpart P. 20 C.F.R. § 404.1520(a)(4)(iii). If a claimant’s impairment rises to this level, he earns a presumption of disability “without considering [his] age, education, and work experience.” Id. at § 404.1520(d). But if the impairment falls short, an ALJ must examine the claimant’s “residual functional capacity”—that is, the types of things he can still do physically—to determine whether he can perform his “past relevant work,” id. at § 404.1520(a)(4)(iv) (step four), or, failing that, whether the claimant can “make an adjustment to other work” given his “age, education, and work experience,” id. at § 404.1520(a)(4)(v) (step five).

Section 404.1520 requires disability claims to be evaluated through a five-step sequence, including whether the claimant works, has a severe impairment, and can perform past relevant work based on residual functional capacity.

Torres v. Astrue · filed 2008-05-05(b), (c), (e)

To determine whether a claimant is disabled within the meaning of the Act, the ALJ proceeds through a five-step sequential evaluation. See Bowen v. City of New York, 476 U.S. 467, 470-71, 106 S.Ct. 2022, 90 L.Ed.2d 462 (1986). At step one, the ALJ must determine whether the claimant is engaged in substantial gainful work activity. See 20 CFR § 404.1520(b). If so, the claimant is not disabled. If not, analysis proceeds to step two. At step two, the ALJ must determine whether the claimant has an impairment, or combination of impairments, that is “severe,” e.g., that imposes significant restrictions on the claimant’s ability to perform basic work activities. 20 CFR § 404.1520(c). If not, the analysis concludes with a finding of “not disabled.” If so, the ALJ continues to step three. ... At step four, the ALJ determines the claimant’s residual functional capacity (“RFC”), which is the ability to perform physical or metal work activities on a sustained basis notwithstanding limitations for the claimant’s collective impairments. See 20 CFR § 404.1520(e), (f). Then, the ALJ determines whether the claimant’s RFC permits him to perform the requirements of his past relevant work. If so, the claimant is not disabled. If not, analysis proceeds to the fifth and final step.

Section 404.1520(a)(4) requires an ALJ to determine disability through a five-step evaluation process covering current substantial gainful activity, severity of impairment, listed impairments, past relevant work, and other substantial gainful activity.

Smith v. Astrue · filed 2008-06-06(a)(4)

The ALJ must undertake a five-step evaluation process to determine if a claimant is disabled. See 20 C.F.R. §§ 404.1520(a)(4), 416.920. The five steps entail an inquiry into whether (1) the claimant is presently performing substantial gainful activity, (2) the claimant has a severe impairment, (3) the impairment meets or equals a listed impairment in Appendix 1 of the regulations, (4) the impairment prevents the claimant from doing past relevant work, and (5) the impairment prevents the claimant from performing any other substantial gainful activity.

Section 404.1520(d) requires determining whether a severe impairment meets or equals a listed impairment, and § 404.1520(e) requires assessing whether the claimant’s residual functional capacity precludes past relevant work.

Crysler v. Astrue · filed 2008-06-27(d), (e)

If the claimant is found to suffer from such an impairment, the agency must next determine whether it meets or equals an impairment listed in Appendix 1 of the regulations. ... If the claimant is not presumptively disabled, step four requires an assessment of whether the claimant’s residual functional capacity (“RFC”) precludes the performance of his or her past relevant work. 20 C.F.R. §§ 404.1520(e), 416.920(e).

Section 404.1520(a)(4) requires disability claims to be evaluated through a five-step sequence: substantial gainful activity, severe impairment, listed impairment, past relevant work, and other work.

Rosa v. Astrue · filed 2009-03-23(a)(4)

Regulations issued pursuant to the Social Security Act set forth a five-step process that the Commissioner must use in evaluating a disability claim. ... First, in evaluating the claim, the Commissioner must determine whether the claimant is currently engaged in any “substantial gainful activity.” 20 C.F.R. § 404.1520(a)(4)®. Second, if the claimant is not engaged in substantial gainful activity, the Commissioner must decide if the claimant has a “severe medically determinable physical or mental impairment,” § 404.1520(a)(4)(ii), which is an impairment or combination of impairments that “significantly limits [the claimant’s] physical or mental ability to do basic work activities,” § 416.920(c). Third, if the claimant’s impairment is severe and ... is listed in 20 C.F.R. Part 404, Subpt. P, App. 1, or is equivalent to one of the listed impairments, the claimant must be found disabled. § 404.1520(a)(4)(iii). Fourth, if the claimant’s impairment is not listed and is not equal to one of the listed impairments, the Commissioner must review the claimant’s residual functional capacity to determine if the claimant is able to do work he or she has done in the past, i.e., “past relevant work.” § 404.1520(a)(4)(iv). If the claimant is able to do such work, he or she is not disabled. ... Finally, if the claimant is unable to perform past relevant work, the Commissioner must decide if the claimant’s residual functional capacity permits the claimant to do other work. § 404.1520(a)(4)(v). If the claimant cannot perform other work, he or she will be deemed disabled. ... The claimant bears the burden of proof on all steps except the final one — that is, proving that there is other work the claimant can perform.

Section 404.1520 requires the Commissioner to use a five-step sequential analysis to determine disability and to stop reviewing the claim once disability or non-disability is established at a step.

Brank v. Astrue · filed 2009-07-22(a)(4)

In determining whether a person is disabled, the Commissioner is required to perform a five-step sequential analysis. ... If a finding of disability or non-disability can be made at any point in the sequential process, the Commissioner will not review the claim further.

Section 404.1520 establishes a five-step sequential evaluation of disability claims: current employment, severe impairment, listed impairment, ability to perform past work, and ability to perform other available work.

Washington v. Commissioner of Social Security · filed 2009-09-21

Thus, according to the sequence of evaluation suggested by 20 C.F.R. § 404.1520, it must be determined: (1) whether the claimant is currently gainfully employed, (2) whether he suffers from some physical or mental impairment, (3) whether that impairment meets or equals the criteria of Appendix 1, (4) whether, if those criteria are not met, the impairment prevents him from returning to his previous work, and (5) whether the impairment prevents him from performing some other available work.

Section 404.1520(a) provides for a five-step sequential evaluation of disability, culminating in whether the claimant can perform other work in the national economy.

Dunn v. Astrue · filed 2009-10-01(a)

In determining whether a claimant is disabled, Social Security regulations outline a five-step sequential process. 20 C.F.R. § 404.1520(a)-(f). ... The Commissioner failed to carry his burden at step five of showing the plaintiff could perform other work.

Section 404.1520 requires the ALJ to use a five-step disability-evaluation process, with the burden shifting to the Commissioner at the fifth step once the claimant cannot perform past relevant work.

McDonaugh v. Astrue · filed 2009-12-02

In evaluating a disability claim, the ALJ must follow the five-step procedure set out in the regulations governing the administration of Social Security benefits. ... Under the procedure set out in the governing regulations, “[t]he claimant bears the initial burden of showing that his impairment prevents him from returning to his prior type of employment.” ... Once it has been determined that the claimant cannot perform his past relevant employment, the Commissioner then has “the burden of proving that the claimant still retains a residual functional capacity to perform alternative substantial gainful work which exists in the national economy.”

Section 404.1520 requires disability claims to be evaluated through a five-step sequence addressing substantial gainful activity, severe impairment, listed impairments, past relevant work, and other available work.

Pinkney v. Astrue · filed 2009-12-18(a)(4)(i)-(v)

The Commissioner of Social Security has developed a five-step inquiry for the ALJ to use when evaluating disability claims. 20 C.F.R. §§ 404.1520 and 416.920. First, the claim is denied if the claimant is currently engaged in “substantial gainful activity.” Id. § 404.1520(a)(4)(i). Second, the claim is denied if the claimant is not engaged in gainful employment, and the judge has determined that the claimant does not have a “severe medically determinable physical [] impairment” which prevents him from performing basic work. Id. § 404.1520(a)(4)(ii). Third, the inquiry ends and disability is presumed if the claimant's impairment “meets or equals” the impairments listed on the Listing of Impairments, § 404, Subpart P, App. 1. Id. § 404.1520(a)(4)(iii). Fourth, if the impairment does not “meet or equal” one of the Listing of Impairments, the claim is denied if the judge determines the claimant’s RFC allows the claimant to perform his or her “past relevant work.” Id. § 404.1520(a)(4)(iv). Finally, if the judge rules that the claimant cannot perform “past relevant work,” the Commissioner must then prove that the claimant can perform other substantial gainful work, based on his or her age, education, work experience, and RFC or the claimant is entitled to benefits. Id. § 404.1520(a)(4)(v).

Section 404.1520 requires the Commissioner to evaluate disability claims using a five-step sequence.

Rivera v. Commissioner of Social Security · filed 2010-07-21

“In evaluating disability claims, the [Commissioner] is required to use a five-step sequence, promulgated in 20 C.F.R. §§ 404.1520, 416.920.”

Section 404.1520(a)(4)(iii) requires a claimant to show a severe impairment or combination of impairments at step two, while § 404.1520(a)(4)(v) requires the claimant to show that she does not retain the residual functional capacity to perform other work at step five.

Majkut v. Commr. of Social Sec. · filed 2010-08-30(a)(4)(iii), (a)(4)(v)

At Step Two, a claimant must show that she has a severe impairment or combination of impairments. 20 C.F.R. § 404.1520(a)(4)(iii). At Step Five, she must show that she does not retain the RFC to perform other work based on her age, education, and experience. 20 C.F.R. § 404.1520(a)(4)(v).

Section 404.1520 requires an ALJ to evaluate disability through five sequential steps, including considering age, education, work experience, and residual functional capacity at step five when the claimant cannot perform past work.

Johnny Parks v. Social Security Administration · filed 2011-03-15(a)(4)(v)

To determine if a claimant is disabled within the meaning of the Act, the ALJ must follow a five-step analysis, as set forth in 20 C.F.R. § 404.1520. Pursuant to this five-step inquiry: (1) a claimant who is engaging in substantial gainful activity will not be found to be disabled regardless of medical findings; (2) a claimant who does not have a severe impairment will not be found to be disabled; (3) a finding of disability will be made without consideration of vocational factors if a claimant is not working and is suffering from a severe impairment which meets the duration requirement and which meets or equals a listed impairment in Appendix 1 to Subpart P of the Regulations. Claimants with lesser impairments proceed to step four; (4) a claimant who can perform work that he has done in the past will not be found to be disabled; and (5) if a claimant cannot perform his past work, other factors including age, education, past work experience and residual functional capacity must be considered to determine if other work can be performed.

Section 404.1520 sets out the five-step disability evaluation process, including Step 3’s determination whether impairments meet or medically equal a listed impairment.

Murphy v. Commissioner Social Security Administration · filed 2011-03-22

The Social Security Regulations set out a five-step process for deciding whether a claimant is disabled under the Act. See 20 C.F.R. § 404.1520. In “determining whether a combination of impairments establishes equivalence” under Step 3, the administrative law judge (“ALJ”) “must explain adequately his evaluation of alternative tests and the combined effects of the impairments.” Marcia v. Sullivan, 900 F.2d 172, 176 (9th Cir. 1990). The ALJ’s “statement that [a claimant] did not equal the listing [is] insufficient.” Id.

Section 404.1520 requires disability claims to be evaluated sequentially through five steps, including a step-two determination whether the claimant has a severe impairment.

Kuhl v. Commissioner of Social Security · filed 2011-10-14(a)(4), (c)

Under the five-step sequential evaluation used to determine whether a claimant is disabled, the ALJ considers: (1) whether the claimant is engaged in substantial gainful activity; (2) if not, whether the claimant has a severe impairment or combination of impairments; (3) if so, whether the severe impairment meets or equals an impairment listed in the Listing of Impairments; (4) if not, whether the claimant has the RFC to perform her past relevant work; and (5) if not, whether, in light of the claimant’s age, education and work experience, the claimant can perform other work that exists in significant numbers in the national economy. See 20 C.F.R. §§ 404.1520(a)(4), 416.920(a)(4). ... An impairment is “severe” if it “significantly limits [a] claimant’s physical or mental ability to do basic work activities.” Crayton v. Callahan, 120 F.3d 1217, 1219 (11th Cir. 1997); 20 C.F.R. §§ 404.1520(c), 416.920(c). ... Here, the ALJ’s finding that Kuhl’s depression was not a severe impairment is supported by substantial evidence.

Section 404.1520(a)(4) establishes a five-step disability determination process, ending with whether significant numbers of jobs exist that a claimant unable to perform past relevant work can perform.

Carroll v. Social Security Administration, Commissioner · filed 2011-12-12(a)(4)

The Social Security Regulations outline a five-step process used to determine whether a claimant is disabled. 20 C.F.R. § 404.1520(a)(4). If at any step a disability determination or decision can be made, the inquiry need not proceed further. Id. Under the first step, the ALJ must determine whether the claimant is currently engaged in substantial gainful activity. Id. § 404.1520(a)(4)(i). At step two, the ALJ must determine whether the claimant has a severe impairment or combination of impairments. Id. § 404.1520(a)(4)(ii). Third, the ALJ must determine whether the claimant’s impairment meets or equals the criteria contained in one of the Listings of Impairments. Id. § 404.1520(a)(4)(iii). Fourth, if the claimant cannot meet the criteria, the claimant’s RFC is assessed, and the ALJ must determine if she has an impairment that prevents her from performing her past relevant work. Id. § 404.1520(a)(4)(iv). Fifth, once a claimant establishes that she cannot perform her past relevant work due to some severe impairment, the ALJ must determine whether significant numbers of jobs exist in the national economy that the claimant can perform. Id. § 404.1520(a)(4)(v). In this appeal, we are concerned only with this final step.

Subsections (iv) and (v) require the ALJ to assess residual functional capacity and past relevant work at step four, then consider the claimant’s age, education, work experience, and residual functional capacity in deciding whether the claimant can adjust to other work at step five.

Myers v. Astrue · filed 2012-01-24(a)(4)(iv), (a)(4)(v)

Step four requires an ALJ to assess a claimant’s residual functional capacity (“RFC”) in light of medical impairments and determine if the claimant is capable of performing past relevant work. 20 C.F.R. § 404.1520(a)(4)(iv). ... In step five the ALJ considers the claimant’s age, education, work experience and RFC to determine if she is able to adjust to other work. 20 C.F.R. § 404.1520(a)(4)(v). If not, then she is disabled with the meaning of the Act.

Section 404.1520(a)(4) sets out a five-step disability inquiry, including the claimant’s need to show a severe impairment at step two; subsection (c) treats an impairment as severe when it significantly limits the claimant’s physical or mental ability to perform basic work activities.

Reynolds v. Commissioner of Social Security · filed 2012-02-08(a)(4), (c)

The Social Security Regulations outline a five-step process used to determine whether a claimant is disabled. 20 C.F.R. § 404.1520(a)(4). Under the first step, the claimant has the burden to show that he is not currently engaged in substantial gainful activity. Id. § 404.1520(a)(4)(i). Next, the claimant must show that he has a severe impairment. Id. § 404.1520(a)(4)(ii). He then must attempt to show that the impairment meets or equals the criteria contained in one of the Listings of Impairments. Id. § 404.1520(a)(4)(iii). If the claimant cannot meet or equal the criteria, he must show that he has an impairment which prevents him from performing his past relevant work. Id. § 404.1520(a)(4)(iii) and (iv). Once a claimant establishes that he cannot perform his past relevant work due to some severe impairment, the burden shifts to the Commissioner to show that significant numbers of jobs exist in the national economy which the claimant can perform. Id. § 404.1520(a)(4)(v). An impairment is “severe” if it “significantly limits [a] claimant’s physical or mental ability to do basic work activities.” Crayton v. Callahan, 120 F.3d 1217, 1219 (11th Cir. 1997); 20 C.F.R. § 404.1520(c).

Section 404.1520(a)(4)(i)-(v) sets out a five-step process for determining whether a claimant is disabled, beginning with whether the claimant is engaged in substantial gainful activity.

Miles v. Social Security Administration, Commissioner · filed 2012-03-15(a)(4)(i)

The Social Security Regulations outline a five-step evaluation process used to determine whether a claimant is disabled. See Phillips v. Barnhart, 357 F.3d 1232, 1237–39 (11th Cir. 2004); 20 C.F.R. §§ 404.1520(a)(4)(i)-(v), 416.920(a)(1), (4)(i)-(v). The evaluation considers each step in turn, asking: (1) whether the claimant is currently engaged in substantial gainful activity; (2) whether the claimant has a severe impairment or combination of impairments; (3) whether the impairment meets or equals the severity of the specified impairments in the Listing of Impairments; (4) whether, based on an RFC assessment, the claimant can perform any of her past relevant work despite the impairment; and (5) whether there are significant numbers of jobs in the national economy that the claimant can perform, given the claimant’s RFC, age, education, and work experience. See Phillips, 357 F.3d at 1237–39.

Section 404.1520 establishes a five-step disability evaluation, including a step-two inquiry into severe impairments and a step-four inquiry into whether residual functional capacity permits past relevant work.

Holley v. Colvin · filed 2013-09-30(a)(ii), (e)

Determinations of disability are made by the Commissioner pursuant to the five-step process outlined in 20 C.F.R. § 404.1520. ... At step two, the Commissioner must determine whether the claimant is suffering from any severe impairments. 20 C.F.R. §§ 404.1520(a)(ii), (c). An impairment is severe if it “significantly limits [a claimant’s] physical or mental ability to do basic work activities.” ... Step four requires the ALJ to consider whether the claimant retains the residual functional capacity to perform her past relevant work. 20 C.F.R. § 404.1520(e). If the claimant is able to perform her past relevant work, she will not be found disabled under the Act.

Section 404.1520(a)(4) requires disability claims to be evaluated through five ordered steps, ending the inquiry when a claimant is found disabled or not disabled at a step.

Garrison v. Colvin · filed 2014-07-14(a)(4)

ALJs apply a five-step evaluation process to determine whether a claimant qualifies as disabled. Ludwig v. Astrue, 681 F.3d 1047, 1048 n.1 (9th Cir. 2012). That procedure is set forth at 20 C.F.R. § 404.1520(a)(4): ... The sequential evaluation process is a series of five “steps” that we follow in a set order . . . If we can find that you are disabled or not disabled at a step, we make our determination or decision and we do not go on to the next step.

Section 404.1520 requires an ALJ to evaluate disability claims through a five-step sequential analysis, with the burden shifting to the SSA at the final step to show that the claimant can perform alternative work.

Saldin v. Colvin · filed 2014-08-04

Federal regulations set forth a five-step analysis that the ALJ must follow when evaluating disability claims, including: (1) whether the claimant is engaged in substantial gainful activity; (2) whether the claimant has a “severe” medically determinable physical impairment which will impair the claimant from doing basic work activities; (3) whether the claimant’s severe medical impairment, based solely on medical evidence, is a limitation that is listed in Appendix 1 of the regulations; (4) an assessment of the claimant’s RFC and ability to continue past relevant work despite severe impairment; and (5) an assessment of the claimant’s RFC along with age, education, and work experience. As to the last stage of the inquiry, the burden shifts to the SSA to show that the claimant can perform alternative work.

Section 404.1520(a)(4) requires disability claims to be evaluated through a five-step sequence, but permits the ALJ to stop once the applicant is found not disabled.

Raid Elfadly v. Commissioner Social Security · filed 2014-12-10(a)(4)

A five-step evaluation is used to determine whether an applicant is disabled. 20 C.F.R. § 404.1520. The ALJ must determine: (1) whether the applicant has engaged in substantial gainful activity since the alleged disability onset date; (2) whether the applicant has a severe impairment or combination of impairments; (3) whether the impairment or combination of impairments meets the criteria of a listed impairment; (4) whether, despite the severe impairment, the applicant retains the residual functional capacity to perform past relevant work; and (5) whether the applicant is capable of performing other jobs that exist in the national economy, considering his age, education, work experience, and residual functional capacity. Id. § 404.1520(a)(4); Poulos v. Comm’r of Soc. Sec., 474 F.3d 88, 91-92 (3d Cir. 2007). However, if the ALJ determines that an applicant is not disabled before proceeding through all five steps, he need not analyze the remaining steps. 20 C.F.R. § 404.1520(a)(4).

Section 404.1520(a)(4) requires a hearing officer to use a five-step analysis to evaluate a disability claim.

DiAntonio v. Colvin · filed 2015-03-25(a)(4)

The Social Security regulation requires the hearing officer to employ a five-step analysis to evaluate a disability claim.

Section 404.1520(a)(4) establishes a five-step disability evaluation, and the step-five assessment of other work depends on determining the claimant’s residual functional capacity at step four.

Bradley v. Colvin · filed 2015-05-20(a)(4)

It is well-established that the step five determination is dependent on the claimant’s RFC, which is determined at step four. ... Thus, to conduct a proper step five analysis, ALJ Hoppenfeld had to determine Bradley’s RFC. The Court therefore finds that it was not error for ALJ Hoppenfeld to assess Bradley’s RFC upon remand.

Section 404.1520(a)(4)(i) requires the Commissioner to determine at the first step whether a claimant is currently engaged in substantial gainful activity.

Evans v. Commissioner of Social Security · filed 2015-06-24(a)(4)(i)

First, the Commissioner must determine whether the claimant is currently engaged in any “substantial gainful activity.” 20 C.F.R. § 404.1520(a)(4)(i).

Section 404.1520(a)(4) requires disability claims to be evaluated through five sequential questions, including whether the claimant has a severe impairment; subsection (c) treats an impairment as severe only if it significantly limits the ability to do basic work activities.

McNier v. Commissioner of Social Security · filed 2016-02-23(a)(4), (c)

Administrative regulations require a five-step sequential evaluation for disability determinations. 20 C.F.R. § 404.1520(a)(4). ... There is no indication that Plaintiffs “blurred vision”-—-noted on a single occasion—“significantly limit[ed] [her] physical ... ability to do basic work activities” during the relevant time period. 20 C.F.R. § 404.1520(c) (defining “severe” impairment).

Section 404.1520(a)(4) requires the ALJ to use a five-step sequential process to determine disability, stopping when a determination is made at a step.

Shuman v. Commissioner of Social Security · filed 2017-08-14(a)(4)

To determine whether a claimant is disabled, the ALJ conducts a five-step evaluation process. 20 C.F.R. § 404.1520(a)(4). If the ALJ finds that the claimant is disabled or not disabled at a certain step, a determination is made and the evaluation does not proceed to the next step. Id. The steps are as follows: Step One: Determine whether the claimant is engaging in substantial gainful activity; Step Two: Determine whether the claimant has a severe impairment; Step Three: Determine whether the claimant has a listed impairment (20 C.F.R. Part 404, Subpart P, Appendix 1) and conduct a Residual Functional Capacity (“RFC”) assessment; Step Four: Consider the RFC assessment to determine whether the claimant can perform past relevant work; and Step Five: Consider the RFC assessment, age, education, and work experience to determine whether the claimant can perform any other work.

Section 404.1520 requires disability claims to be evaluated through a five-step sequence, including deciding at step three whether an impairment meets or equals a listed impairment and, if it does not, assessing residual functional capacity from the relevant evidence.

Simmons v. Commissioner Of Social Security Administration · filed 2017-12-22(a)(4)(iii), (e)

The Social Security Administration uses the following five-step sequential evaluation process to determine whether a claimant is disabled: ... At the third step, we also consider the medical severity of your impairments(s). If you have an impairment(s) that meets or equals one of our listings . . . and meets the duration requirement, we will find that you are disabled. 20 C.F.R. §§ 404.1520(a), 416.920(a). “If your impairment(s) does not meet or equal a listed impairment, we will assess and make a finding about your residual functional capacity [(“RFC”)] based on all the relevant medical and other evidence in your case record, as explained in § 404.1545.” 20 C.F.R. §§ 404.1520(e), 416.920 (e).

Section 404.1520(a)(4) requires the Commissioner to use a five-step process to evaluate disability claims, beginning under subsection (a)(4)(i) by determining whether the claimant is engaged in substantial gainful activity.

Brush v. Berryhill · filed 2018-03-26(a)(4), (a)(4)(i)

Regulations issued pursuant to the Social Security Act set forth a five-step process that the Commissioner must use in evaluating a disability claim. ... First, the Commissioner must determine whether the claimant is currently engaged in any "substantial gainful activity."

Section 404.1520(a)(4) requires the Commissioner to evaluate disability claims through a five-step process: substantial gainful activity, severe impairment, listed impairment, past relevant work, and other work.

Hofsommer v. Berryhill · filed 2018-08-20(a)(4)

Regulations issued pursuant to the Act set forth a five-step process that the Commissioner must use in evaluating a disability claim.

Section 404.1520 requires an ALJ to use a five-step process to determine disability, with step five requiring the Commissioner to show significant-number work in the national economy that the claimant can perform.

Pace v. Commissioner of Social Security · filed 2019-01-14

The Social Security regulations establish a five-step evaluation process that an ALJ must use to determine whether a claimant is disabled and, as a result, may receive a period of disability, disability insurance benefits, and supplemental security income. ... This case is about the fifth step,1 at which the Commissioner must show that there is “work available in significant numbers in the national economy that the claimant is able to perform.”

Section 404.1520 requires an ALJ to evaluate disability claims through five sequential steps: substantial gainful activity, severity, listed impairment, past relevant work, and work in the national economy.

Colwell v. Berryhill · filed 2019-01-17(b)-(f)

An ALJ must apply a five-step procedure when determining if an applicant is disabled. ... Step One: Determine whether the applicant is presently engaged in substantial gainful activity. 20 C.F.R. § 404.1520(b); 20 C.F.R. § 416.920(b). ... Step Two: Determine whether the applicant has an impairment or a combination of impairments that are severe. 20 C.F.R. § 404.1520(c); 20 C.F.R. § 416.920(c). ... Step Three: Determine whether any of the severe impairments identified in Step Two match the listing in Appendix 1. 20 C.F.R. § 404.1520(d); 20 C.F.R. § 416.920(d). ... Step Four: Considering the applicant’s RFC, determine whether the applicant can perform any past relevant work. 20 C.F.R. § 404.1520(e); 20 C.F.R. § 416.920(g). ... Step Five: Determine whether any substantial gainful activity exists in the national economy that the applicant can perform. 20 C.F.R. § 404.1520(f); 20 C.F.R. § 416.920(f).

Section 404.1520(a)(4) sets out the five-step disability evaluation sequence, and the claimant bears the burden of proof through step four.

Livingston v. Comm'r of Soc. Sec. · filed 2019-06-19(a)(4)

Livingston also asserts in passing that the “burden of proof at step five [of the regulatory framework] rests with the Commissioner.” But the ALJ’s analysis ended at step four, and the claimant bears the burden of proof through that stage. See 20 C.F.R. § 404.1520(a)(4); Jones v. Comm’r of Soc. Sec., 336 F.3d 469, 474 (6th Cir. 2003); Her, 203 F.3d at 391.

Section 404.1520 requires a five-step disability evaluation; the claimant bears the burden through step four, including showing a severe impairment and inability to perform past work, and the Commissioner must show at step five that other work exists the claimant can perform based on RFC and vocational factors.

REED-SMITH v. COMMISSIONER OF SOCIAL SECURITY · filed 2019-06-20(a)(4)(ii), (a)(4)(iv), (a)(4)(v)

The ALJ used the established five-step evaluation process to determine whether Plaintiff was disabled. See 20 C.F.R. § 404.1520. ... For the first four steps of the evaluation process, the claimant has the burden of establishing her disability by a preponderance of the evidence. ... Second, the claimant must demonstrate that she has a “severe medically determinable physical and mental impairment” that lasted for a continuous period of at least twelve months. 20 C.F.R. § 404.1520(a)(4)(ii); 20 C.F.R. § 404.1509. ... Fourth, if the condition is not equivalent to a listed impairment, the claimant must show that she cannot perform her past work, and the ALJ must assess the claimant’s RFC. 20 C.F.R. § 404.1520(a)(4)(iv); 20 C.F.R. § 404. 1520(e). ... At the fifth and last step, the Commissioner must establish that other available work exists that the claimant is capable of performing based on her RFC, age, education, and work experience. Id.; 20 C.F.R. § 404.1520(a)(4)(v). If the claimant can make “an adjustment to other work,” she is not disabled. See 20 C.F.R. § 404.1520(a)(4)(v). ... In light of these facts, the ALJ satisfied the requirements of step four.

Section 404.1520(f) requires the ALJ to determine whether a claimant can perform past relevant work, and subsection (g) shifts the inquiry to whether the claimant can perform any other work when past work is not possible.

Samantha S. v. Comm'r of Soc. Sec. · filed 2019-07-09(f), (g)

If the claimant is not presumptively disabled, step four requires the ALJ to assess whether-despite the claimant's severe impairment-he has the residual functional capacity ("RFC") to perform his past relevant work. ... If it is determined that the claimant cannot perform his past relevant work, the burden shifts to the Commissioner for step five. ... This step requires the ALJ to examine whether the claimant can do any type of work.

Section 404.1520 requires a sequential five-step disability evaluation, including an RFC assessment before deciding whether the claimant can perform past relevant work or other work.

Scherer v. Commissioner Of Social Security · filed 2019-08-02(e), (f), (g)(1)

The Commissioner uses a sequential, five-step approach to determine whether the claimant is disabled. ... Before reaching the final two steps, the ALJ must assess the claimant’s residual functional capacity (RFC) “based on all the relevant medical and other evidence.” 20 C.F.R. § 404.1520(e) (2017). ... At step four, the RFC is.used to determine whether the claimant can perform past relevant work. ... If not, the ALJ proceeds to step five. 20 C.F.R. § 404.1520(g)(1) (2017). ... At step five, the ALJ determines whether the claimant can perform any other work by considering the claimant’s RFC and other factors, including age, education, and past work experience. ... The court’s review of the administrative record reveals that substantial evidence supports the ALJ’s findings at each of the five sequential steps.

Section 404.1520 requires the ALJ at step three to decide whether the claimant's impairments meet or equal a listed impairment severe enough to preclude substantial gainful activity, and at step five places on the Commissioner the burden to show that other work exists that the claimant can perform.

Gomoll v. Commissioner Social Security Administration · filed 2019-08-02(a)(4)(iii), (g)

At step three, the ALJ must determine whether a claimant’s impairments meet or equal one of the listed impairments and are so severe that they preclude substantial gainful activity. 20 C.F.R. §§ 404.1520(a)(4)(iii), 416.920(a)(4)(iii). ... At step five of the sequential analysis, the burden of proof rests with the Commissioner to establish whether other work exists in the national economy that an individual of the claimant’s age, education, work experience, and RFC can perform. See 20 C.F.R. § 404.1520(g); Tackett, 180 F.3d at 1099.

Section 404.1520(a)(4) requires an ALJ to use a five-step disability process, including considering at step three whether the claimant's impairment meets or medically equals a listed impairment and satisfies the duration requirement.

Searer v. Commissioner of Social Security · filed 2019-08-30(a)(4)

Under 20 C.F.R. § 404.1520(a)(4), the ALJ must complete a five-step process to determine whether a person is disabled. At step three, the ALJ must “consider the medical severity of [the applicant’s] impairment(s). If [the applicant has] an impairment(s) that meets or equals one of our listings in appendix 1 of this subpart and meets the duration requirement, [the ALJ] will find that [the applicant] disabled.”

Section 404.1520 requires the ALJ to evaluate disability through five sequential steps, including the substantial-gainful-activity, listed-impairment, and other-work inquiries, with the claimant bearing the burden through Step Four and the Commissioner bearing it at Step Five.

Sandra C. v. Saul · filed 2019-08-30(b), (d), (g)

The ALJ must follow five steps in evaluating a claim of disability. See 20 C.F.R. § 404.1520. First, if a claimant is working at a substantial gainful activity, the claimant is not disabled. 20 C.F.R. § 404.1520(b). Second, if a claimant does not have any impairment or combination of impairments that significantly limit physical or mental ability to do basic work activities, then the claimant does not have a severe impairment and is not disabled. 20 C.F.R. § 404.1520(c). Third, if a claimant’s impairments meet or equal an impairment listed in 20 C.F.R. Part 404, Appendix 1, the claimant is disabled. 20 C.F.R. § 404.1520(d). Fourth, if a claimant’s impairments do not prevent doing past relevant work, the claimant is not disabled. 20 C.F.R. § 404.1520(e)-(f). Fifth, if a claimant’s impairments (considering RFC, age, education and past work) prevent doing other work that exists in the local or national economy, a finding of disabled is warranted. 20 C.F.R. § 404.1520(g). Significantly, the claimant bears the burden of proof at Steps One through Four, but the Commissioner bears the burden at Step Five.

Section 404.1520 establishes a five-step process for determining whether a claimant is disabled under the Social Security Act.

Vlossak v. Commissioner of Social Security · filed 2019-09-10

“The Commissioner has established a five-step evaluation process to determine whether an individual is disabled as defined by the Social Security Act. 20 C.F.R. §§ 404.1520, 416.920.”

Section 404.1520 requires a five-step disability evaluation, and at Step Two a claimant is not disabled if the claimant has no impairment or combination of impairments that significantly limits basic work activities.

James S. v. Saul · filed 2019-10-02(c)

The ALJ must follow five steps in evaluating a claim of disability. See20 C.F.R. § 404.1520. First, if a claimant is working at a substantial gainful activity, the claimant is not disabled. 20 C.F.R. § 404.1520(b). Second, if a claimant does not have any impairment or combination of impairments that significantly limit physical or mental ability to do basic work activities, then the claimant does not have a severe impairment and is not disabled. 20 C.F.R. § 404.1520(c). ... Here, Plaintiff’s significant treatment gap is more than sufficient to support the ALJ’s Step Two finding of nonseverity.

Section 404.1520 requires disability claims to be evaluated through five sequential steps, with the claimant bearing the burden through step four and the Commissioner at step five.

Manuel L., Jr. v. Saul · filed 2019-10-24

The ALJ must follow five steps in evaluating a claim of disability. See 20 C.F.R. §§ 404.1520, 416.920. First, if a claimant is working at a substantial gainful activity, she is not disabled. 20 C.F.R. § 404.1520(b). Second, if a claimant does not have any impairment or combination of impairments which significantly limit her physical or mental ability to do basic work activities, then she does not have a severe impairment and is not disabled. 20 C.F.R. § 404.1520(c). Third, if a claimant’s impairments meet or equal an impairment listed in 20 C.F.R. Part 404, Subpart P, Appendix 1, she is disabled. 20 C.F.R. § 404.1520(d). Fourth, if a claimant’s impairments do not prevent her from doing past relevant work, she is not disabled. 20 C.F.R. § 404.1520(e). Fifth, if a claimant’s impairments (considering her residual functional capacity, age, education, and past work) prevent her from doing other work that exists in the national economy, then she is disabled. 20 C.F.R. § 404.1520(f). Significantly, the claimant bears the burden of proof at steps one through four, but the Commissioner bears the burden at step five.

Section 404.1520 requires an ALJ to evaluate a claimant’s eligibility for benefits through a five-step process.

Gloege, Christopher v. Saul, Andrew · filed 2019-11-14

An ALJ evaluates a claimant’s eligibility for benefits under a five-step process. 20 C.F.R. § 404.1520. At step three, the ALJ will rate the overall severity of the claimant’s mental impairments in “four broad functional areas,” one of which is the claimant’s ability to “concentrate, persist, or maintain pace,” on a five-point scale from “none” to “extreme.” 20 C.F.R. §§ 404.1520a(c)(3), (4). Such a rating is a generalized assessment of the claimant’s overall abilities in a broad area, not a specific impairment that must be addressed in the RFC.

Section 404.1520 requires a five-step inquiry to determine whether a claimant is disabled: current work, severity, listed impairment, past work, and other work.

Bell v. Saul · filed 2019-11-25

The following five-step inquiry is required to determine whether a claimant is disabled: (1) Is the claimant presently unemployed? (2) Is the claimant’s impairment severe? (3) Does the impairment meet or equal one of the impairments enumerated in the regulations? (4) Is the claimant unable to perform his former occupation? and (5) Is the claimant unable to perform any other work? 20 C.F.R. § 404.1520.

Section 404.1520 requires the ALJ to use a five-step disability inquiry, ending review when disability is resolved at a step, and at the past-work step to assess the claimant’s residual functional capacity against the physical and mental demands of past work.

Thompson v. Commissioner of Social Security · filed 2020-01-08(a), (e)

In order to determine whether the plaintiff is suffering from a disability, the ALJ must employ a five-step inquiry: (1) whether the plaintiff is currently working; (2) whether the plaintiff suffers from a severe impairment; (3) whether the impairment is listed in Appendix 1 of the relevant regulations; (4) whether the impairment prevents the plaintiff from continuing past relevant work; and (5) whether the impairment prevents the plaintiff from doing any kind of work. 20 C.F.R. §§ 404.1520 & 416.920; Berry, supra, 675 F.2d at 467. If a plaintiff is found to be either disabled or not disabled at any step in this sequential inquiry, the ALJ’s review ends. 20 C.F.R. §§ 404.1520(a) & 416.920(a); Musgrave v. Sullivan, 966 F.2d 1371, 1374 (10th Cir. 1992). ... To determine whether an admitted impairment prevents a claimant from performing past work, the ALJ is required to review the plaintiff’s residual functional capacity and the physical and mental demands of the work that has done in the past. 20 C.F.R. §§ 404.1520(e) & 416.920(e).

Section 404.1520 requires disability claims to be evaluated through a five-step sequence, and the inquiry ends when the claimant can be found disabled or not disabled at an earlier step.

Blackwell v. Commissioner of Social Security Administration · filed 2020-02-27(a)(4)

To facilitate a uniform and efficient processing of disability claims, regulations promulgated under the Act have reduced the statutory definition of disability to a series of five sequential questions. ... These considerations are sometimes referred to as the “five steps” of the Commissioner’s disability analysis. If a decision regarding disability may be made at any step, no further inquiry is necessary. 20 C.F.R. §§ 404.1520(a)(4), 416.920(a)(4) (providing that if Commissioner can find claimant disabled or not disabled at a step, Commissioner makes determination and does not go on to the next step).

Section 404.1520 establishes a five-step process for deciding disability claims and ends the inquiry once disability or nondisability is found at a step.

Brown v. Commissioner of Social Security Administration · filed 2020-03-02(a)(4)(v), (a)

The Commissioner has developed the following five-step evaluation process for determining whether a claimant is disabled under the Act: (1) whether the claimant engaged in substantial gainful activity; (2) whether the claimant has a severe medically determinable impairment; (3) whether the impairment meets or equals the severity of an impairment included in the Administration’s Official Listings of Impairments found at 20 C.F.R. Pt. 404, Subpt. P, App. 1; (4) whether the impairment prevents the claimant from performing past relevant work; and (5) whether the impairment prevents the claimant from having substantial gainful employment. 20 C.F.R. § 404.1520(a)(4)(v). ... If at any step of the evaluation the ALJ can find an individual is disabled or not disabled, further inquiry is unnecessary. 20 C.F.R. § 404.1520(a); Hall v. Harris, 658 F.2d 260, 264 (4th Cir. 1981).

Section 404.1520 requires disability claims to proceed through a sequential inquiry addressing substantial gainful activity, severe impairment, listed impairments, and the ability to perform past work before considering other work.

Bryant v. Commissioner of Social Security Administration · filed 2020-03-19(b)-(e)

This determination involves the following five-step inquiry: [The first step is] whether the claimant engaged in substantial gainful employment. 20 C.F.R. § 404.1520(b). If not, the analysis continues to determine whether, based upon the medical evidence, the claimant has a severe impairment. 20 C.F.R. § 404.1520(c) If the claimed impairment is sufficiently severe, the third step considers whether the claimant has an impairment that equals or exceeds in severity one or more of the impairments listed in Appendix I of the regulations. 20 C.F.R. § 404.1520(d); 20 C.F.R. Part 404, subpart P, App. I. If so, the claimant is disabled. If not, the next inquiry considers if the impairment prevents the claimant from returning to past work. 20 C.F.R. § 404.1520(e); 20 C.F.R. § 404.1545(a) . If the answer is in the affirmative, the final consideration looks to whether the impairment precludes that claimant from performing other work. Mastro, 270 F.3d at 177 (citing 20 C.F.R. § 416.920).

Section 404.1520 establishes a five-step process for deciding disability claims; after step three, the ALJ assesses residual functional capacity for steps four and five, and at step five the Commissioner must show that significant jobs exist for a claimant with that vocational profile.

Foulks v. Commissioner of Social Security · filed 2020-03-23(a)(4)(i)

The Commissioner uses a five-step evaluation process to determine whether a claimant is disabled. 20 C.F.R. § 404.1520(a)(4)(i)-(iv). Scheck, 357 F.3d at 699-700. Steps four and five are the “vocational” steps where the ALJ must consider the medical and vocational factors to determine whether a claimant meets the statutory definition of disability. 20 C.F.R. § 404.1520(a)(4)(i)-(iv). If a finding of disability is not made on medical factors alone, after step three, the ALJ assesses the claimant’s residual functional capacity (“RFC”) for use at the fourth and fifth steps. At step five, the Commissioner must produce reliable evidence of a significant number of jobs existing in the national economy for a person matching the claimant’s vocational profile to support a finding that the claimant is not disabled.

Section 404.1520(a) requires an ALJ to use a five-step sequential analysis when deciding whether a claimant is disabled.

Favazzo v. Commissioner of Social Security · filed 2020-04-14(a)

Social Security Administration regulations require an ALJ to follow a five-step sequential analysis in making a disability determination. See 20 C.F.R. § 404.1520(a); Heston v. Commissioner of Social Security, 245 F.3d 528, 534 (6th Cir. 2001).

Section 404.1520 places the residual functional capacity assessment within the fourth step of the five-step disability analysis, with the claimant bearing the burden to prove disability.

Santiago v. Commissioner of Social Security · filed 2020-04-21

The ALJ’s RFC assessment is step four of the five step analysis. Thus, the Plaintiff has the burden to prove disability within the meaning of the Act. 20 C.F.R. § 404.1520; Smith v. Berryhill, 740 F. App'x 721, 726 (2d Cir. 2018) (“[Plaintiff] had a duty to prove a more restrictive RFC, and failed to do so.”).

Section 404.1520 requires a five-step disability evaluation: at step two, an impairment is non-severe only if it has no more than a minimal effect on the ability to work, and at step three, the claimant must show that the impairments meet or equal a listed impairment and the ALJ must adequately explain that determination.

Sorian v. Berryhill · filed 2020-05-28(a)(4)(ii) and (c); (a)(4)(iii)

At step two of the five-step sequential evaluation for disability claims, the ALJ must determine whether the claimant has one or more severe impairments that significantly limit a claimant’s ability to perform basic work activities. 20 C.F.R. §§ 404.1520(a)(4)(ii) and (c); 416.920(a)(4)(ii) and (c). ... The Ninth Circuit has held that “the step-two inquiry is a de minimis screening device to dispose of groundless claims.” ... “An impairment or combination of impairments can be found ‘not severe’ only if the evidence establishes a slight abnormality that has no more than a minimal effect on an individual[’]s ability to work.” ... Thus, the ALJ erred in concluded that Soria’s depression was non-severe. The error is not harmless because the ALJ did not consider Soria’s depression in assessing her RFC and did not explain why he did not include any mental health limitations in his step four analysis. ... The claimant bears the burden of establishing a prima facie case of disability under the listings. Thomas v. Barnhart, 278 F.3d 947, 955 (9th Cir. 2002); see also 20 C.F.R. § 404.1520(a)(4)(iii). “[I]n determining whether a claimant equals a listing under step three of the . . . disability evaluation process, the ALJ must explain adequately [the ALJ’s] evaluation of alternative tests and the combined effects of the impairments.” ... “A boilerplate finding is insufficient to support a conclusion that a claimant’s impairment does not” meet or equal a listed impairment. ... The ALJ erred by providing a boilerplate finding rather than discussing any of this evidence with respect to the listing.

Section 404.1520 establishes a five-step disability evaluation: the claimant must show inability to perform past relevant work at step four, after which the Commissioner must show other significant jobs at step five.

TIANO v. COMMISSIONER OF SOCIAL SECURITY · filed 2020-08-19(a)(4)(iv), (g)

The Commissioner applies a five-step test to determine whether a claimant is disabled. See 20 C.F.R. §§ 404.1520. ... At step four, the question is “whether the claimant retains the residual functional capacity to perform her past relevant work.” ... A failure of proof at step four dooms the claimant’s case. See 20 C.F.R. § 404.1520(a)(4)(iv). If, however, the claimant satisfies this burden, then the burden of production shifts to the Commissioner to show, at step five, that “there are other jobs existing in significant numbers in the national economy which the claimant can perform, consistent with her medical impairments, age, education, past work experience, and residual functional capacity.” ... This step requires the ALJ to consider the claimant’s residual functional capacity, age, education, and past work experience to determine whether the cumulative effect of all of the claimant’s impairments renders her capable of working. See 20 C.F.R. § 404.1520(g).

Section 404.1520(a)(4) requires the Commissioner to evaluate a disability claim through five sequential steps, considering work activity, impairment severity, listed impairments, past relevant work, and other work the claimant can perform.

Franklin v. Commissioner of the Social Security Administration · filed 2020-08-31(a)(4)

Regulations issued pursuant to the Act set forth a five-step process that the Commissioner must use in evaluating a disability claim. See 20 C.F.R. §§ 404.1520(a)(4), 416.920(a)(4); see also Burgess, 537 F.3d at 120 (describing the five-step process). First, the Commissioner must determine whether the claimant is currently engaged in any “substantial gainful activity.” 20 C.F.R. §§ 404.1520(a)(4)(i), 416.920(a)(4)(i). Second, if the claimant is not engaged in substantial gainful activity, the Commissioner must decide if the claimant has a “severe medically determinable physical or mental impairment,” id. §§ 404.1520(a)(4)(ii), 416.920(a)(4)(ii), which is an impairment or combination of impairments that “significantly limits [the claimant’s] physical or mental ability to do basic work activities,” id. §§ 404.1520(c), 416.920(c). Third, if the claimant’s impairment is severe and is listed in 20 C.F.R. Part 404, Subpart P, Appendix 1, or is equivalent to one of the listed impairments, the claimant must be found disabled regardless of his age, education, or work experience. See id. §§ 404.1520(a)(4)(iii), 404.1520(d), 416.920(a)(4)(iii), 416.920(d). Fourth, if the claimant’s impairment is not listed and is not equal to one of the listed impairments, the Commissioner must review the claimant’s residual functional capacity (“RFC”) to determine if the claimant is able to do work he or she has done in the past, i.e., “past relevant work.” Id. §§ 404.1520(a)(4)(iv), 416.920(a)(4)(iv). If the claimant is able to do such work, he or she is not disabled. Id. §§ 404.1520(a)(4)(iv), 416.920(a)(4)(iv). Finally, if the claimant is unable to perform past relevant work, the Commissioner must decide if the claimant’s RFC, in addition to his or her age, education, and work experience, permits the claimant to do other work. Id. §§ 404.1520(a)(4)(v), 416.920(a)(4)(v). If the claimant cannot perform other work, he or she will be deemed disabled. Id. §§ 404.1520(a)(4)(v), 416.920(a)(4)(v).

Section 404.1520(a)(4) requires the Commissioner to evaluate disability claims through a five-step sequential process addressing substantial gainful activity, severity, listed impairments, past relevant work, and other work.

Morales v. Berryhill · filed 2020-09-08(a)(4)

Regulations issued pursuant to the Act set forth a five-step process that the Commissioner must use in evaluating a disability claim. See 20 C.F.R. §§ 404.1520(a)(4), 416.920(a)(4); see also Burgess, 537 F.3d at 120 (describing the five-step process). First, the Commissioner must determine whether the claimant is currently engaged in any “substantial gainful activity.” 20 C.F.R. §§ 404.1520(a)(4)(i), 416.920(a)(4)(i). Second, if the claimant is not engaged in substantial gainful activity, the Commissioner must decide if the claimant has a “severe medically determinable physical or mental impairment,” id. §§ 404.1520(a)(4)(ii), 416.920(a)(4)(ii), which is an impairment or combination of impairments that “significantly limits [the claimant’s] physical or mental ability to do basic work activities,” id. §§ 404.1520(c), 416.920(c). Third, if the claimant’s impairment is severe and is listed in 20 C.F.R. Part 404, Subpart P, Appendix 1, or is equivalent to one of the listed impairments, the claimant must be found disabled regardless of his or her age, education, or work experience. See id. §§ 404.1520(a)(4)(iii), 404.1520(d), 416.920(a)(4)(iii), 416.920(d). Fourth, if the claimant’s impairment is not listed and is not equal to one of the listed impairments, the Commissioner must review the claimant’s RFC to determine if the claimant is able to do work he or she has done in the past, i.e., “past relevant work.” Id. §§ 404.1520(a)(4)(iv), 416.920(a)(4)(iv). If the claimant is able to do such work, he or she is not disabled. Id. §§ 404.1520(a)(4)(iv), 416.920(a)(4)(iv). Finally, if the claimant is unable to perform past relevant work, the Commissioner must decide if the claimant’s RFC, in addition to his or her age, education, and work experience, permits the claimant to do other work. Id. §§ 404.1520(a)(4)(v), 416.920(a)(4)(v). If the claimant cannot perform other work, he or she will be deemed disabled. Id. §§ 404.1520(a)(4)(v), 416.920(a)(4)(v).

Section 404.1520 requires disability claims to be evaluated through a five-step sequence, including a Step Two determination of whether the claimant has a severe impairment that significantly limits basic work activities.

Markovitz v. Commissioner of Social Security · filed 2020-09-15

In order to determine whether a claimant is disabled within the meaning of the SSA, the ALJ must follow a five-step evaluation process as promulgated by the Commissioner: ... 2. If he is not, the [Commissioner] next considers whether the claimant has a “severe impairment,” or “combination of impairments that is severe and meets the duration requirement,” which significantly limits his physical or mental ability to do basic work activities [“Step Two”]. ... 20 C.F.R. § 404.1520.

Section 404.1520 requires the Commissioner to use a five-step sequential analysis, with the claimant bearing the burden through step four and the Commissioner bearing it at step five.

Perry v. Commissioner of Social Security · filed 2020-09-16(a)(4), (c), (d), (e)

The applicable regulations set forth a five-step analysis the Commissioner must follow in determining eligibility for disability benefits. 20 C.F.R. §§ 404.1520 and 416.920. ... As a fourth step, however, if the impairment or its equivalent is not listed in Appendix 1, the Commissioner must then consider the applicant’s “residual functional capacity” or “RFC” which is the ability to perform physical or mental work activities on a sustained basis, notwithstanding the limitations posed by the applicant’s collective impairments, see 20 C.F.R. 404.1520(e)-(f), and 416.920(e)-(f), and the demands of any past relevant work (“PRW”). 20 C.F.R. §§ 404.1520(e) and 416.920(e). ... The burden of proof is on the applicant for the first four steps, with the Commissioner bearing the burden of proof on the final step. 20 C.F.R. §§ 404.1520(a)(4) and 416.920(a)(4); Burgess v. Astrue, 537 F.3d 117, 128 (2d Cir. 2008).

Section 404.1520 requires a five-step disability evaluation, places the burden on the claimant for the first four steps and the Commissioner for the fifth, and ends the inquiry when a dispositive step is satisfied.

Benz v. Commissioner of Social Security · filed 2020-09-30(a)(4)

The applicable regulations set forth a five-step analysis the Commissioner must follow in determining eligibility for disability benefits. 20 C.F.R. §§ 404.1520 and 416.920. ... The burden of proof is on the applicant for the first four steps, with the Commissioner bearing the burden of proof on the final step. 20 C.F.R. §§ 404.1520(a)(4) and 416.920(a)(4); Burgess v. Astrue, 537 F.3d 117, 128 (2d Cir. 2008). All five steps need not be addressed because if the claimant fails to meet the criteria at either of the first two steps, the inquiry ceases and the claimant is not eligible for disability benefits, but if the claimant meets the criteria for the third or fourth step, the inquiry ceases with the claimant eligible for disability benefits. 20 C.F.R. §§ 404.1520 and 416.920.

At step four, § 404.1520(e) requires determining whether the claimant can return to past relevant work using the claimant’s RFC and the demands of past work; if the claimant cannot, § 404.1520(f) shifts the step-five burden to the Administration to show that the claimant can perform a significant number of jobs in the national economy.

Cain v. Saul · filed 2020-10-02(e), (f)

At step four, the ALJ determines whether claimant can return to his past relevant work, “review[ing] [the claimant’s] [RFC] and the physical and mental demands of the work [claimant has] done in the past.” 20 C.F.R. § 404.1520(e). The burden at step four remains with the claimant to prove his RFC and establish that he cannot return to his past relevant work. Moore, 572 F.3d at 523; accord Dukes v. Barnhart, 436 F.3d 923, 928 (8th Cir. 2006); Vandenboom v. Barnhart, 421 F.3d 745, 750 (8th Cir. 2005). If the ALJ holds at step four that claimant cannot return to past relevant work, the burden shifts at step five to the Administration to establish the claimant maintains the RFC to perform a significant number of jobs within the national economy. Banks v. Massanari, 258 F.3d 820, 824 (8th Cir. 2001); see also 20 C.F.R. § 404.1520(f).

Section 404.1520 establishes a five-step sequence for determining disability, including severe impairment, listed impairment, past relevant work, and the Commissioner’s burden to show that the claimant can perform other work.

Romero v. Commissioner, Social Security Administration · filed 2020-11-03(c), (d), (e), and (g)

Step One determines whether the claimant is presently engaged in substantial gainful activity. If she is, disability benefits are denied. See 20 C.F.R. § 404.1520. Step Two is a determination of whether the claimant has a medically severe impairment or combination of impairments as governed by 20 C.F.R. § 404.1520(c). If the claimant is unable to show that her impairment(s) would have more than a minimal effect on her ability to do basic work activities, she is not eligible for disability benefits. Id. Step Three determines whether the impairment is equivalent to one of a number of listed impairments deemed to be so severe as to preclude substantial gainful employment. See 20 C.F.R. § 404.1520(d). If the impairment is not listed, she is not presumed to be conclusively disabled. ... Step Four then requires the claimant to show that her impairment(s) and assessed residual functional capacity (ARFC@) prevent her from performing work that she has performed in the past. If the claimant is able to perform her previous work, the claimant is not disabled. See 20 C.F.R. § 404.1520(e), (f). Finally, if the claimant establishes a prima facie case of disability based on the four steps as discussed, the analysis proceeds to Step Five where the SSA Commissioner has the burden to demonstrate that the claimant has the RFC to perform other work in the national economy in view of her age, education, and work experience. See 20 C.F.R. § 404.1520(g).

Section 404.1520(a)(4) requires an ALJ to proceed to step three after finding a severe impairment and determine whether the impairment meets or equals a listed impairment.

Vicens v. Commissioner of Social Security · filed 2021-02-05(a)(4)

If an ALJ determines a plaintiff has a severe mental or physical impairment at step two of the disability evaluation procedure, the ALJ then must determine at step three whether the impairment meets the criteria of any impairment listed in Appendix 1. 20 C.F.R. § 404.1520(a)(4)(iii)(d). ... Thus, the Court finds that there is substantial evidence to support the ALJ’s conclusion at step three.

Section 404.1520 directs the Commissioner to evaluate disability claims through a five-step sequence: substantial gainful activity, severe impairment, listed impairment, ability to perform past work, and ability to perform other work in the national economy.

Vazquez-Gonzalez v. Commissioner of Social Security · filed 2021-03-22(a)(3), (c), (d), (e), (f)

The Commissioner employs a five-step evaluation process to decide whether a claimant is disabled. 20 C.F.R. § 404.1520; see Bowen v. Yuckert, 482 U.S. 137, 140-42 (1987); Goodermote v. Secretary of Health & Human Services, 690 F.2d 5, 6-7 (1st Cir. 1982). At step one, the Commissioner determines whether the claimant is currently engaged in “substantial gainful activity.” If so, the claimant is not disabled. 20 C.F.R. § 404.1520(b). At step two, the Commissioner determines whether the claimant has a medically severe impairment or combination of impairments. 20 C.F.R. § 404.1520(c). If not, the disability claim is denied. At step three, the Commissioner must decide whether the claimant’s impairment is equivalent to a specific list of impairments contained in the regulations’ Appendix 1, which the Commissioner acknowledges are so severe as to preclude substantial gainful activity. 20 C.F.R. § 404.1520(d); 20 C.F.R. § 404, Subpt. P, App. 1. If the claimant’s impairment meets or equals one of the listed impairments, he is conclusively presumed to be disabled. If not, the evaluation proceeds to the fourth step, through which the ALJ assesses the claimant’s RFC and determines whether the impairments prevent the claimant from doing the work he has performed in the past. An individual’s RFC is his ability to do physical and mental work activities on a sustained basis despite limitations from his impairments. 20 C.F.R. § 404.1520(e) and 404.1545(a)(1). If the claimant can perform his previous work, he is not disabled. 20 C.F.R. § 404.1520(e). If he cannot perform this work, the fifth and final step asks whether the claimant can perform other work available in the national economy in view of his RFC, as well as age, education, and work experience. If the claimant cannot, then he is entitled to disability benefits. 20 C.F.R. § 404.1520(f).

Section 404.1520 requires disability claims to be evaluated through a five-step sequence addressing substantial gainful activity, medical severity, listed impairments, past work, and other work in the national economy.

Rosario v. Commissioner of Social Security · filed 2021-03-26

The Commissioner employs a five-step evaluation process to decide whether a claimant is disabled. 20 C.F.R. § 404.1520; see Bowen v. Yuckert, 482 U.S. 137, 140-42 (1987); Goodermote v. Secretary of Health & Human Services, 690 F.2d 5, 6-7 (1st Cir. 1982). At step one, the Commissioner determines whether the claimant is currently engaged in “substantial gainful activity.” If so, the claimant is not disabled. 20 C.F.R. § 404.1520(b). At step two, the Commissioner determines whether the claimant has a medically severe impairment or combination of impairments. 20 C.F.R. § 404.1520(c). If not, the disability claim is denied. At step three, the Commissioner must decide whether the claimant’s impairment is equivalent to a specific list of impairments contained in the regulations’ Appendix 1, which the Commissioner acknowledges are so severe as to preclude substantial gainful activity. 20 C.F.R. § 404.1520(d); 20 C.F.R. § 404, Subpt. P, App. 1. If the claimant’s impairment meets or equals one of the listed impairments, he is conclusively presumed to be disabled. If not, the evaluation proceeds to the fourth step, through which the ALJ assesses the claimant’s RFC and determines whether the impairments prevent the claimant from doing the work he has performed in the past. An individual’s RFC is his ability to do physical and mental work activities on a sustained basis despite limitations from his impairments. 20 C.F.R. § 404.1520(e) and 404.1545(a)(1). If the claimant can perform his previous work, he is not disabled. 20 C.F.R. § 404.1520(e). If he cannot perform this work, the fifth and final step asks whether the claimant can perform other work available in the national economy in view of his RFC, as well as age, education, and work experience. If the claimant cannot, then he is entitled to disability benefits. 20 C.F.R. § 404.1520(f).

Section 404.1520 establishes a five-step disability evaluation; after a claimant cannot perform past relevant work, the burden shifts to the ALJ at step five to show the claimant can perform work in the national economy considering residual functional capacity, age, education, and work experience.

Clay v. Commissioner, Social Security Administration · filed 2021-03-30(e), (f)

Social Security regulations establish a five-step sequential analysis to arrive at a final determination of disability. 20 C.F.R. § 404.1520; 20 C.F.R. § 416.920 (a)-(f). ... Step four involves a determination of whether the claimant’s impairments prevent him or her from performing his or her past relevant work. If the claimant cannot perform his or her past relevant work, then a prima facie case of disability is established. 20 C.F.R. § 404.1520(e). The burden then shifts to the ALJ to show at step five that, despite the claimant’s impairments, he or she is able to perform work in the national economy in light of the claimant’s residual functioning capacity, age, education, and work experience. 20 C.F.R. § 404.1520(f); Phillips, 357 F. 3d at 1239.

The regulation’s sequential evaluation treats the ability to perform past relevant work as step four and the ability to perform other work as step five, with inability to perform either supporting a finding of disability.

(SS) Alcala v. Commissioner of Social Security · filed 2021-04-05(a)(4)(iv), (a)(4)(v)

(4) The evidence does not permit finding she could return to a job that qualifies as “substantial gainful work,” see 20 C.F.R. §§ 404.1520(a)(4)(iv), 404.1520(e); AR 698. The parties disagree at the fifth step only: whether Alcala could work in another job despite her impairments. See Mot. at 15; Cross-Mot. at 16; see also 20 C.F.R. §§ 404.1520(a)(4)(v), 404.1520(g). If she could, as the administrative law judge found, then she would not be “disabled” and would not be entitled to Social Security benefits. If she could not, she would be disabled and would be entitled to benefits under the Commissioner’s regulations.

Section 404.1520 requires the Commissioner to determine disability through a five-step evaluation of substantial gainful activity, severe impairment, listed impairments, past relevant work, and other work in the national economy.

Dotson v. Saul · filed 2021-06-21

To determine whether a claimant is disabled, the Commissioner engages in a five-step evaluation process. See 20 C.F.R. § 404.1520; Bowen v. Yuckert, 482 U.S. 137, 140-42 (1987). The Commissioner begins by deciding whether the claimant is engaged in substantial gainful activity. If the claimant is working, disability benefits are denied. Next, the Commissioner decides whether the claimant has a “severe” impairment or combination of impairments, meaning that which significantly limits his ability to do basic work activities. If the claimant’s impairment(s) is not severe, then he is not disabled. The Commissioner then determines whether claimant’s impairment(s) meets or equals one of the impairments listed in 20 C.F.R., Part 404, Subpart P, Appendix 1. If claimant’s impairment(s) is equivalent to one of the listed impairments, she is conclusively disabled. At the fourth step, the Commissioner establishes whether the claimant can perform his past relevant work. If so, the claimant is not disabled. Finally, the Commissioner evaluates various factors to determine whether the claimant is capable of performing any other work in the economy. If not, the claimant is declared disabled and becomes entitled to disability benefits.

Section 404.1520(a) requires disability determinations to follow a five-step sequential analysis, including evaluation of current work, severe impairment, listed impairments, past work, and other work in the national economy.

Gilbreath v. Social Security Administration, Commissioner · filed 2021-07-02(a)

Determination of disability under the Act requires a five-step analysis. 20 C.F.R. § 404.1520(a). Specifically, the ALJ must determine in sequence: (1) whether the claimant is currently unemployed; (2) whether the claimant has a severe impairment; (3) whether the impairment meets or equals one listed by the Commissioner; (4) whether the claimant is unable to perform his or her past work; and (5) whether the claimant is unable to perform any work in the national economy.

Section 404.1520 requires disability claims to be evaluated through five steps, with the claimant bearing the burden through step four and the Commissioner bearing it at step five.

Kimberly P. v. Kijakazi · filed 2021-07-28

The ALJ must follow five steps in evaluating a claim of disability. See 20 C.F.R. §§ 404.1520, 416.920. First, if a claimant is working at a substantial gainful activity, she is not disabled. 20 C.F.R. § 404.1520(b). Second, if a claimant does not have any impairment or combination of impairments which significantly limit her physical or mental ability to do basic work activities, then she does not have a severe impairment and is not disabled. 20 C.F.R. § 404.1520(c). Third, if a claimant’s impairments meet or equal an impairment listed in 20 C.F.R. Part 404, Subpart P, Appendix 1, she is disabled. 20 C.F.R. § 404.1520(d). Fourth, if a claimant’s impairments do not prevent her from doing past relevant work, she is not disabled. 20 C.F.R. § 404.1520(e). Fifth, if a claimant’s impairments (considering her residual functional capacity, age, education, and past work) prevent her from doing other work that exists in the national economy, then she is disabled. 20 C.F.R. § 404.1520(f). Significantly, the claimant bears the burden of proof at steps one through four, but the Commissioner bears the burden at step five. Wells v. Barnhart, 267 F. Supp. 2d 138, 144 (D. Mass. 2003) (five-step process applies to both SSDI and SSI claims).

Section 404.1520 requires disability claims to be evaluated through a five-step sequence, including screening for substantial gainful activity, determining whether impairments are severe, assessing whether they meet or equal a listed impairment, evaluating past relevant work, and considering other available work.

Samantha D v. Saul · filed 2020-06-30(b), (d), (g)

The ALJ must follow five steps in evaluating a claim of disability. See 20 C.F.R. § 404.1520. First, if a claimant is working at a substantial gainful activity, the claimant is not disabled. 20 C.F.R. § 404.1520(b). Second, if a claimant does not have any impairment or combination of impairments that significantly limit physical or mental ability to do basic work activities, then the claimant does not have a severe impairment and is not disabled. 20 C.F.R. § 404.1520(c). Third, if a claimant’s impairments meet or equal an impairment listed in 20 C.F.R. Part 404, Appendix 1, the claimant is disabled. 20 C.F.R. § 404.1520(d). Fourth, if a claimant’s impairments do not prevent doing past relevant work, the claimant is not disabled. 20 C.F.R. § 404.1520(e)-(f). Fifth, if a claimant’s impairments (considering RFC, age, education and past work) prevent doing other work that exists in the local or national economy, a finding of disabled is warranted. 20 C.F.R. § 404.1520(g).

Section 404.1520 requires disability claims to be decided through five sequential steps addressing substantial gainful activity, severity and duration, listed impairments, past relevant work, and other available work in light of the claimant’s RFC and vocational factors.

Sou v. Saul · filed 2020-09-04(a)(4)(i)-(v)

The Social Security Administration (“SSA”) applies a five-step analysis to disability claims. 20 C.F.R. §404.1520. The SSA first considers whether the claimant has engaged in substantial gainful activity during the claimed period of disability. 20 C.F.R. §404.1520(a)(4)(i). It then determines at step two whether the claimant’s physical or mental impairment is severe and meets the twelve-month duration requirement noted above. 20 C.F.R. §404.1520(a)(4)(ii). At step three, the SSA compares the impairment or combination of impairments found at step two to a list of impairments identified in the regulations (“the listings”). The specific criteria that must be met to satisfy a listing are described in Appendix 1 of the regulations. 20 C.F.R. Pt. 404, Subpt. P, App. 1. If the claimant’s impairments meet or “medically equal” a listing, the individual is considered to be disabled, and the analysis concludes. If the listing is not met, the analysis proceeds to step four. 20 C.F.R. §404.1520(a)(4)(iii). Before addressing the fourth step, the SSA must assess a claimant’s residual functional capacity (“RFC”), which defines his or her exertional and non-exertional capacity to work. The SSA then determines at step four whether the claimant is able to engage in any of his past relevant work. 20 C.F.R. §404.1520(a)(4)(iv). If the claimant can do so, he is not disabled. Id. If the claimant cannot undertake her past work, the SSA proceeds to step five to determine whether a substantial number of jobs exist that the claimant can perform in light of her RFC, age, education, and work experience. An individual is not disabled if he or she can do work that is available under this standard. 20 C.F.R. §404.1520(a)(4)(v).

Section 404.1520 requires disability claims to be evaluated through a five-step sequential process, including severity, listings, past work, and other work in the national economy.

Montoya v. Commissioner, Social Security Administration · filed 2020-11-05(c), (d), (e), and (g)

Step Two is a determination of whether the claimant has a medically severe impairment or combination of impairments as governed by 20 C.F.R. §§ 404.1520(c), 416.920(c). If the claimant is unable to show his impairment(s) would have more than a minimal effect on his ability to do basic work activities, he is not eligible for disability benefits. See 20 C.F.R. 404.1520(c). Step Three determines whether the impairment is equivalent to one of a number of listed impairments deemed to be so severe as to preclude substantial gainful employment. See 20 C.F.R. §§ 404.1520(d), 416.920(d). If the impairment is not listed, he is not presumed to be conclusively disabled. Step Four then requires Plaintiff to show his impairment(s) and assessed residual functional capacity (“RFC”) prevent him from performing work he has performed in the past. If the claimant is able to perform his previous work, the claimant is not disabled. See 20 C.F.R. §§ 404.1520(e), (f), 416.920(e) & (f). Finally, if the claimant establishes a prima facie case of disability based on the four steps as discussed, the analysis proceeds to Step Five where the SSA Commissioner has the burden to demonstrate the claimant has the RFC to perform other work in the national economy in view of his age, education and work experience. See 20 C.F.R. §§ 404.1520(g), 416.920(g). ... He properly followed the five-step process for adjudicating a disability claim. AR 15–24.

Section 404.1520(a)(4) requires a five-step disability determination; at step five, if a claimant cannot perform past work, the Commissioner determines whether the claimant can perform other work.

Gomez v. Commissioner of Social Security · filed 2021-03-29(a)(4) (a)(4)(v)

The Commissioner uses a five-step process to determine whether a claimant has a disability within the meaning of the Social Security Act. 20 C.F.R. § 404.1520(a)(4). First, the Commissioner determines whether the claimant is currently engaged in substantial gainful activity. Id. § 404.1520(a)(4)(i). If so, the Commissioner will consider the claimant not to be disabled. Id. Second, if the claimant is not engaged in substantial gainful activity, the Commissioner considers whether the claimant has a “severe medically determinable physical or mental impairment” or combination of impairments that meets the duration requirement of a continuous period of 12 months. Id. § 404.1520(a)(4)(ii); see also id. § 404.1509 (establishing duration requirement). Third, if the claimant suffers from such an impairment, the Commissioner determines whether that impairment meets or medically equals the criteria of a listed impairment in Appendix 1 of the Social Security Act regulations. Id. § 404.1520(a)(4)(iii); see also id. § Pt. 404, Subpt. P, App’x 1. If the claimant does not have a listed impairment, the fourth inquiry is whether, despite the claimant’s impairment, he has the residual functional capacity (“RFC”) to perform his past work. Id. § 404.1520(a)(4)(iv). Finally, if the claimant is unable to perform his past work, the Commissioner determines whether there is other work which the claimant could perform.

Section 404.1520 requires an ALJ to evaluate disability claims through a five-step sequence, and a severe impairment at step two allows the claim to proceed to the next step.

Mullins v. Commissioner of Social Security · filed 2021-10-28(a)(4)(ii)

With this standard in mind, even if the ALJ should have characterized Plaintiff’s migraine headaches as a severe impairment, any error is harmless because the ALJ characterized other impairments – myasthenia gravis, lumbar disc disease, lumbar spondylosis, type 2 diabetes mellitus, obesity, osteoarthritis bilateral hips, traumatic degenerative joint disease, bilateral trochanteric bursitis, iliac enthesopathy, heterotopic ossification, diabetic neuropathy, psoriatic arthritis, and chronic obstructive pulmonary disease/asthma – as severe. (Tr. 13). The ALJ then advanced to step three of the sequential evaluation. See Ball, 714 F. App’x at 993. With step two satisfied, the issue then becomes whether the ALJ considered all of Plaintiff’s limitations, including migraine headaches, in assessing the RFC.

Section 404.1520 establishes a five-step sequential evaluation for determining disability, including whether the claimant can perform past relevant work or other work in the national economy.

Thomas P. v. Kijakazi · filed 2022-01-10

The ALJ must follow five steps in evaluating a claim of disability. See 20 C.F.R. §§ 404.1520, 416.920. First, if a claimant is working at a substantial gainful activity, she is not disabled. 20 C.F.R. § 404.1520(b). Second, if a claimant does not have any impairment or combination of impairments which significantly limit her physical or mental ability to do basic work activities, then she does not have a severe impairment and is not disabled. 20 C.F.R. § 404.1520(c). Third, if a claimant’s impairments meet or equal an impairment listed in 20 C.F.R. Part 404, Subpart P, Appendix 1, she is disabled. 20 C.F.R. § 404.1520(d). Fourth, if a claimant’s impairments do not prevent her from doing past relevant work, she is not disabled. 20 C.F.R. § 404.1520(e). Fifth, if a claimant’s impairments (considering her residual functional capacity, age, education, and past work) prevent her from doing other work that exists in the national economy, then she is disabled. 20 C.F.R. § 404.1520(f).

Section 404.1520(a)(4)(ii) makes step two a threshold determination of whether an impairment is severe, and an error in that determination is harmless when step two is resolved in the claimant’s favor and the ALJ proceeds through the remaining steps.

Yamasaki v. Kijakazi · filed 2022-05-31(a)(4)(ii)

To determine whether an individual is disabled within the meaning of the Social Security Act, and therefore eligible for benefits, an ALJ follows a five-step sequential evaluation. See 20 C.F.R. § 404.1520. ... At step two, the ALJ decides whether the claimant’s impairment or combination of impairments is “severe,” § 404.1520(a)(4)(ii), meaning that it significantly limits the claimant’s “physical or mental ability to do basic work activities,” § 404.1522(a); see Webb v. Barnhart, 433 F.3d 683, 686 (9th Cir. 2005). ... Here, “[b]ecause step two was decided in [Yamasaki’s] favor, and the ALJ went on to consider steps three through five, [Yamasaki] could not have been prejudiced by any error in the ALJ’s determination as to which of [Yamasaki’s] impairments are severe.”

Section 404.1520 establishes a five-step disability evaluation, and an omitted step-two severity finding may be harmless when the ALJ proceeds through the evaluation and considers the impairment's effects at later steps.

Chapman v. Kijakazi · filed 2022-06-08(a), (c)

To determine whether a claimant is disabled, the ALJ engages in a five-step evaluation process. See 20 C.F.R. § 404.1520(a). ... Where an ALJ errs by failing to find an impairment to be severe, such error is harmless if the ALJ finds the claimant to suffer from another severe impairment, continues in the evaluation process, and considers the effects of the impairment at the other steps of the process. ... Any alleged error by the ALJ in failing to find that Plaintiff’s PTSD was a severe impairment was harmless because the ALJ found Plaintiff had several severe mental impairments, continued the evaluation, and considered Plaintiff’s PTSD in determining the mental RFC.

Section 404.1520(d) requires a claimant to be found disabled at step three when the claimant's impairments meet or equal a listed impairment.

Kellilea F. v. Kijakazi · filed 2022-06-14(d)

The ALJ must follow five steps in evaluating a claim of disability. See 20 C.F.R. §§ 404.1520, 416.920. First, if a claimant is working at a substantial gainful activity, she is not disabled. 20 C.F.R. § 404.1520(b). Second, if a claimant does not have any impairment or combination of impairments which significantly limit her physical or mental ability to do basic work activities, then she does not have a severe impairment and is not disabled. 20 C.F.R. § 404.1520(c). Third, if a claimant’s impairments meet or equal an impairment listed in 20 C.F.R. Part 404, Subpart P, Appendix 1, she is disabled. 20 C.F.R. § 404.1520(d). Fourth, if a claimant’s impairments do not prevent her from doing past relevant work, she is not disabled. 20 C.F.R. § 404.1520(e). Fifth, if a claimant’s impairments (considering her residual functional capacity, age, education, and past work) prevent her from doing other work that exists in the national economy, then she is disabled. 20 C.F.R. § 404.1520(f).

Section 404.1520 establishes a five-step disability evaluation in which medical evidence is weighed before the claimant’s residual functional capacity is determined.

Winters v. Commissioner of Social Security · filed 2022-07-11

Social Security Administration regulations provide a five-step sequential evaluation process to determine disability. Bustamante v. Massanari, 262 F.3d 949, 953–54 (9th Cir. 2001); 20 C.F.R. §§ 404.1520, 416.920. ... The 5-step evaluation process for determining if a disability is present lays out that all medical evidence should be weighed before an RFC determination. ... Consistency with the medical record as a whole is a valid factor for weighing an opinion. CFR § 404.1520c (c)(2). The ALJ did not use a prematurely determined RFC to weigh the opinion of LCSW Harsch, and, therefore, did not err in this case.

Section 404.1520 requires a five-step evaluation of disability, addressing substantial gainful activity, severe impairment, listed impairments, past relevant work, and other available work.

Myles v. Commissioner of Social Security · filed 2022-09-02

The agency has prescribed a five-step evaluative process to be employed in determining whether an individual is disabled. See 20 C.F.R. §§ 404.1520, 416.920. The first step requires a determination of whether the claimant is engaging in substantial gainful activity; if so, then the claimant is not disabled, and the inquiry need proceed no further. Id. §§ 404.1520(b), 416.920(b). If the claimant is not gainfully employed, then the second step involves an examination of whether the claimant has a severe impairment or combination of impairments that significantly restricts his or her physical or mental ability to perform basic work activities. Id. §§ 404.1520(c), 416.920(c). If the claimant is found to suffer from such an impairment, the agency must next determine whether it meets or equals an impairment listed in Appendix 1 of the regulations. Id. §§ 404.1520(d), 416.920(d); see also id. Part 404, Subpt. P, App. 1. If so, then the claimant is “presumptively disabled.” Martone v. Apfel, 70 F. Supp. 2d 145, 149 (N.D.N.Y. 1999) (citing Ferraris v. Heckler, 728 F.2d 582, 584 (2d Cir. 1984)); 20 C.F.R. §§ 404.1520(d), 416.920(d). If the claimant is not presumptively disabled, step four requires an assessment of whether the claimant’s RFC precludes the performance of his or her past relevant work. 20 C.F.R. §§ 404.1520(e), (f), 416.920(e), (f). If it is determined that it does, then as a final matter, the agency must examine whether the claimant can do any other work. Id. §§ 404.1520(g), 416.920(g).

Section 404.1520 requires disability claims to be evaluated through five sequential steps addressing substantial gainful activity, severity, listed impairments, past relevant work, and other work in the national economy.

Lindsay L. v. Kijakazi · filed 2022-10-03(a)(3), (b)-(f)

The ALJ must follow five steps in evaluating a claim of disability. See 20 C.F.R. §§ 404.1520, 416.920. First, if a claimant is working at a substantial gainful activity, she is not disabled. 20 C.F.R. § 404.1520(b). Second, if a claimant does not have any impairment or combination of impairments which significantly limit her physical or mental ability to do basic work activities, then she does not have a severe impairment and is not disabled. 20 C.F.R. § 404.1520(c). Third, if a claimant’s impairments meet or equal an impairment listed in 20 C.F.R. Part 404, Subpart P, Appendix 1, she is disabled. 20 C.F.R. § 404.1520(d). Fourth, if a claimant’s impairments do not prevent her from doing past relevant work, she is not disabled. 20 C.F.R. § 404.1520(e). Fifth, if a claimant’s impairments (considering her residual functional capacity, age, education, and past work) prevent her from doing other work that exists in the national economy, then she is disabled. 20 C.F.R. § 404.1520(f).

Section 404.1520 requires the Commissioner to use a five-step disability analysis, places the burden on the claimant for the first four steps and the Commissioner at the fifth, and ends the inquiry when specified criteria are met.

Allen v. Commissioner of Social Security · filed 2023-01-18

The applicable regulations set forth a five-step analysis the Commissioner must follow in determining eligibility for disability benefits. 20 C.F.R. §§ 404.1520 and 416.920. ... The burden of proof is on the applicant for the first four steps, with the Commissioner bearing the burden of proof on the final step. 20 C.F.R. §§ 404.1520(a)(4) and 416.920(a)(4); Burgess v. Astrue, 537 F.3d 117, 128 (2d Cir. 2008). All five steps need not be addressed because if the claimant fails to meet the criteria at either of the first two steps, the inquiry ceases and the claimant is not eligible for disability benefits, but if the claimant meets the criteria for the third or fourth step, the inquiry ceases with the claimant eligible for disability benefits. 20 C.F.R. §§ 404.1520 and 416.920.

Section 404.1520 requires a five-step sequential evaluation of disability, with the claimant bearing the burden through step four and the Commissioner bearing it at step five.

Doston v. Commissioner of Social Security · filed 2023-03-09(a)(4)

To determine whether an individual is entitled to disability benefits, an ALJ follows the process outlined in 20 C.F.R. § 404.1520. First, the ALJ considers whether the claimant has substantial gainful employment. 20 C.F.R. § 404.1520(a)(4). Second, the ALJ considers whether the claimant has suffered from a severe medically determinable physical or mental impairment, or combination of impairments, for a certain duration. Id. Third, the ALJ considers whether the impairments meet or equal one of the specific medical disorders listed in the regulations. Id. Fourth, the ALJ assesses the claimant’s RFC and past relevant work. Id. Fifth, the ALJ determines whether given the claimant’s RFC, age, education, and work experiences, the individual can make certain adjustments to keep working. Id. While the claimant bears the burden of proof in establishing steps one through four, “the burden . . . shifts to the Commissioner at step five to ‘identify a significant number of jobs in the economy that accommodate the claimant’s residual functional capacity (determined at step four) and vocational profile.’” Nejat v. Comm’r of Soc. Sec., 359 F. App’x 574, 576 (6th Cir. 2009) (quoting Jones v. Comm’r of Soc. Sec., 336 F.3d 469, 474 (6th Cir. 2003)).

Section 404.1520 requires a five-step sequential evaluation to determine disability, with the claimant bearing the burden through the first four steps and the Commissioner bearing it at the fifth.

MANDEL v. COMMISSIONER OF SOCIAL SECURITY · filed 2023-03-22(a)(4)

Social Security regulations provide a five-step evaluation procedure to determine whether an individual is disabled. 20 C.F.R. § 404.1520(a)(4). The burden of persuasion rests with the claimant in the first four steps. Malloy v. Comm’r of Soc. Sec., 306 F. App’x 761, 763 (3d Cir. 2009). ... At the fifth step, the burden shifts to the Commissioner to demonstrate that the claimant can perform other work that is consistent with her RFC, age, education, and past work experience. See id.; Malloy, 306 F. App’x at 763.

Section 404.1520 requires a five-step sequential evaluation of disability, with the claimant bearing the burden through step four and the Commissioner bearing it at step five.

Farrell v. Commissioner of Social Security · filed 2023-03-27(a)(4)

To determine whether an individual is entitled to disability benefits, an ALJ follows the process outlined in 20 C.F.R. § 404.1520. First, the ALJ considers whether the claimant has substantial gainful employment. 20 C.F.R. § 404.1520(a)(4). Second, the ALJ considers whether the claimant has suffered from a severe medically determinable physical or mental impairment, or combination of impairments, for a certain duration. Id. Third, the ALJ considers whether the impairments meet or equal one of the specific medical disorders listed in the regulations. Id. Fourth, the ALJ assesses the claimant’s RFC and past relevant work. Id. Fifth, the ALJ determines whether given the claimant’s RFC, age, education, and work experiences, the individual can make certain adjustments to keep working. Id. While the claimant bears the burden of proof in establishing steps one through four, “the burden . . . shifts to the Commissioner at step five to ‘identify a significant number of jobs in the economy that accommodate the claimant’s residual functional capacity (determined at step four) and vocational profile.’” Nejat v. Comm’r of Soc. Sec., 359 F. App’x 574, 576 (6th Cir. 2009) (quoting Jones v. Comm’r of Soc. Sec., 336 F.3d 469, 474 (6th Cir. 2003)).

Section 404.1520 establishes a five-step disability evaluation, under which an ALJ finds a claimant not disabled at step five if, considering the claimant's residual functional capacity, age, education, and work experience, she can adjust to other work.

Foster v. Commissioner of Social Security Administration · filed 2023-03-28(a)(4)(v)

The SSA has created a five-step process for an ALJ to determine whether the claimant is disabled. See 20 C.F.R. § 404.1520(a)(1). Each step is potentially dispositive. See id. § 404.1520(a)(4). ... At the fifth and final step, the ALJ determines whether—considering the claimant’s RFC, age, education, and work experience—she “can make an adjustment to other work.” Id. § 404.1520(a)(4)(v). If the ALJ finds that the claimant can make an adjustment to other work, then the claimant is not disabled. Id. If the ALJ finds that the claimant cannot make an adjustment to other work, then the claimant is disabled.

Section 404.1520 requires disability claims to be evaluated through a five-step sequence, including evaluation of substantial gainful activity, impairment severity, listed impairments, residual functional capacity and past work, and the ability to perform other work.

PISANI v. COMMISSIONER OF SOCIAL SECURITY · filed 2023-07-31

Administration regulations provide a five-step evaluation procedure to determine whether an individual is disabled. See 20 C.F.R. § 404.1520(a)(4). ... Step Three requires that a claimant provide evidence that their impairments are equal to at least one of the impairments listed in Appendix 1 of the regulations. 20 C.F.R. § 404.1520(a)(4)(iii). ... At Step Five, the burden shifts to the Commissioner to demonstrate that the claimant can perform other work consistent with their medical impairments, age, education, past work experience, and RFC. Jd. If the Commissioner cannot satisfy this burden, the claimant will receive disability insurance benefits. 20 C.E.R. § 404.1520(g).

Section 404.1520 requires an ALJ to evaluate disability claims through five sequential steps, with the claimant bearing the burden through step four and the Commissioner bearing it at step five.

Isaiah M. v. O'Malley · filed 2023-09-26

The ALJ must follow five steps in evaluating a claim of disability. See 20 C.F.R. §§ 404.1520, 416.920. First, if a claimant is working at a substantial gainful activity, she is not disabled. 20 C.F.R. § 404.1520(b). Second, if a claimant does not have any impairment or combination of impairments which significantly limit her physical or mental ability to do basic work activities, then she does not have a severe impairment and is not disabled. 20 C.F.R. § 404.1520(c). Third, if a claimant’s impairments meet or equal an impairment listed in 20 C.F.R. Part 404, Subpart P, Appendix 1, she is disabled. 20 C.F.R. § 404.1520(d). Fourth, if a claimant’s impairments do not prevent her from doing past relevant work, she is not disabled. 20 C.F.R. § 404.1520(e). Fifth, if a claimant’s impairments (considering her residual functional capacity, age, education, and past work) prevent her from doing other work that exists in the national economy, then she is disabled. 20 C.F.R. § 404.1520(f). Significantly, the claimant bears the burden of proof at steps one through four, but the Commissioner bears the burden at step five. Wells v. Barnhart, 267 F. Supp. 2d 138, 144 (D. Mass. 2003) (five-step process applies to both SSDI and SSI claims).

Section 404.1520(a)(4) establishes a five-step process for determining whether a claimant is disabled, including deciding at step three whether the claimant's impairment meets or medically equals a listed impairment.

Minks v. Commissioner, Social Security Administration · filed 2023-12-01(a)(4)

The Commissioner has developed a five-step evaluation process for determining whether a claimant is disabled under the Act. 20 C.F.R. §§ 404.1520(a)(4), 416.920(a)(4). The five steps contemplate the following determinations: 1. Whether the claimant has engaged in substantial gainful activity; 2. Whether the claimant has a medically severe impairment or combination of impairments; 3. Whether the claimant has an impairment that meets or medically equals any listing found in appendices to the Regulations; 4. Whether the claimant has the RFC to perform his past relevant work; and 5. Whether the claimant can perform work that exists in the national economy, considering the claimant’s RFC, age, education, and work experience.

Section 404.1520(a)(4)(iii) and (d) require the Commissioner at step three to determine whether a claimant's impairment meets or equals a listed impairment.

Daly v. Kijakazi · filed 2024-06-25(a)(4)(iii), (d)

To reiterate, at step three, the Commissioner looks at a number of specific impairments listed in 20 C.F.R. Part 404, Subpart P, Appendix 1 (Listed Impairments) and determines whether the claimant's impairment(s) meets or is the equivalent of one of the Listed Impairments. 20 C.F.R. § 404.1520(a)(4)(iii), (d) and § 416.920(a)(4)(iii), (d). The Commissioner presumes the Listed Impairments are severe enough to preclude any gainful activity, regardless of age, education or work experience. 20 C.F.R. § 404.1525(a), § 416.925(a). Here, at step three, the ALJ addressed whether Plaintiff’s fibromyalgia meets or equals a Listed Impairment. The ALJ said he considered Plaintiff’s fibromyalgia as required in his decision, but even when considering it in conjunction with Plaintiff’s other impairments, found there was no evidence of symptoms that fulfilled the requirements of any medical listing in section 14.00 or any other medical listing. (AR 2086.) The Commissioner is correct that Plaintiff does not identify which Listed Impairment she believes that she meets. Nor does she point to specific evidence and explain how it demonstrates she meets a Listed Impairment. Therefore, the ALJ did not err in determining that Plaintiff’s fibromyalgia did not meet or equal a Listed Impairment.

Section 404.1520 requires an ALJ to evaluate a disability claim through a five-step sequential process.

Harmon v. Acting Commissioner of Social Security · filed 2024-07-15

The ALJ must follow five steps in evaluating a claim of disability. 20 C.F.R. §§ 404.1520, 416.920.

Section 404.1520 establishes a sequential disability evaluation in which step two screens claims based on impairment severity, separately from the later assessment of residual functional capacity and medical-opinion evidence.

Savidge v. Commissioner of Social Security · filed 2024-08-28(a)(4)

First, plaintiff’s argument does not take into account that the ALJ’s evaluation of whether an impairment is severe at step two, and the evaluation of medical opinion evidence in deciding on an RFC, involve separate aspects of the disability evaluation process. See 20 C.F.R. 404.1520(a)(4). At step two, the ALJ considers the medical severity of a claimant’s impairments as threshold decision to screen out weak claims. Buck v. Berryhill, 869 F.3d 1040, 1048-1049 (9th Cir. 2017); 20 C.F.R. § 404.1520(a)(4)(ii). This is different from step four, where the ALJ must evaluate medical opinion evidence by considering the factors provided under 20 C.F.R. § 404.1520c(c), with supportability and consistency being the most important.

Section 404.1520(a)(4) sets a five-step disability inquiry, and an omitted impairment at step two is harmless when the ALJ finds another severe impairment and continues the sequential analysis.

CUSHNER v. COMMISSIONER OF SOCIAL SECURITY · filed 2024-11-15(a)(4)

Administrative regulations provide a five-step evaluation procedure to determine whether an individual is disabled. See 20 C.F.R. § 404.1520(a)(4). ... “Tt is well established that any omission of an impairment at step two is harmless error, provided that the ALJ determines that the claimant has at least one severe impairment and continues onto the subsequent steps of the sequential analysis.” ... Here, the ALJ found that Plaintiff had severe impairments during the relevant period and continued to step three, rendering any deficiency at step two harmless.

Section 404.1520(a) requires the Commissioner to determine disability through a sequential five-step analysis.

Varnon v. Social Security Administration, Commissioner · filed 2024-12-17(a)

A determination of disability under the Social Security Act requires a five-step analysis. 20 C.F.R. § 404.1520(a). The Commissioner must determine in sequence: (1) Is the claimant presently unable to engage in substantial gainful activity? (2) Are the claimant’s impairments severe? (3) Do the claimant’s impairments satisfy or medically equal one of the specific impairments set forth in 20 C.F.R. Pt. 404, Subpt. P, App. 1? (4) Is the claimant unable to perform his former occupation? (5) Is the claimant unable to perform other work given his residual functional capacity, age, education, and work experience?

Section 404.1520 requires disability claims to be evaluated through a five-step sequential process, including whether the claimant can perform past or other work.

ENGSTROM v. COLVIN · filed 2024-12-30(a)(4)(i)–(v)

Pursuant to 20 C.F.R. § 404.1520(a)(4)(i)–(v),3 the Commissioner analyzes a disability claim in five steps: ... 1. Is the individual currently engaged in substantial gainful activity? ... 2. Does the individual have any severe impairments? ... 3. Does the individual have any severe impairments or combination of impairments that meet or equal those listed in 20 C.F.R. Part 404? ... 4. Does the individual have the RFC to perform work despite limitations and are there any impairments that prevent past relevant work? ... 5. Do the individual’s impairments prevent other work?

Section 404.1520(a)(4) requires disability claims to be evaluated through a five-step sequence addressing substantial gainful activity, severe impairment, listed impairments, past work, and other work.

FAZZOLARI v. COMMISSIONER OF SOCIAL SECURITY · filed 2025-02-25(a)(4)

Administration regulations provide a five-step evaluation procedure to determine whether an individual is disabled. See 20 C.F.R. § 404.1520(a)(4). For the first step, claimants must establish that they have not engaged in any substantial gainful activity since the onset of their alleged disabilities. /d. § 404.1520(a)(4)G). For the second step, claimants must establish that they suffer from a “severe . . . physical or impairment” or “combination of impairments.” Jd § 404.1520(a)(4)(i1). Claimants bear the burden of establishing the first two requirements, and failure to satisfy either one results in a denial of benefits. Bowen v. Yuckert, 482 U.S. 137, 146 n.5 (1987). The third step requires that claimants provide evidence that their impairments are equal to at least one of the impairments listed in Appendix 1 of the regulations. 20 C.F.R. § 404.1520(a)(4)(ai1). If claimants demonstrate that they suffer from a listed impairment or that their severe impairment is equal to a listed impairment, they are presumed to be disabled and entitled to disability insurance benefits. /d. If they cannot so demonstrate, the eligibility analysis proceeds to step four.

Section 404.1520 requires the Commissioner to use a five-step disability evaluation, including finding a claimant disabled at step three when the claimant's impairment meets or medically equals a listed impairment and satisfies the durational requirement.

Evans v. Commissioner of Social Security · filed 2025-03-28(a)(4)(iii)

The Commissioner reaches a determination as to whether a claimant is disabled by way of a five- stage process. 20 C.F.R. § 404.1520(a)(4). ... Third, if the claimant is not performing substantial gainful activity, has a severe impairment that is expected to last for at least twelve months, and the impairment, or combination of impairments, meets or medically equals a required listing under 20 CFR Part 404, Subpart P, Appendix 1, the claimant is presumed to be disabled regardless of age, education, or work experience. See 20 C.F.R. § 404.1520(d).

Section 404.1520 requires adjudicators to evaluate disability through five sequential steps: substantial gainful activity, severity, listed impairments, past relevant work, and other work in the national economy.

Michelle B. v. Dudek · filed 2025-04-18

The ALJ must follow five steps in evaluating a claim of disability. See 20 C.F.R. §§ 404.1520, 416.920. First, if a claimant is working at a substantial gainful activity, she is not disabled. 20 C.F.R. § 404.1520(b). Second, if a claimant does not have any impairment or combination of impairments which significantly limit her physical or mental ability to do basic work activities, then she does not have a severe impairment and is not disabled. 20 C.F.R. § 404.1520(c). Third, if a claimant’s impairments meet or equal an impairment listed in 20 C.F.R. Part 404, Subpart P, Appendix 1, she is disabled. 20 C.F.R. § 404.1520(d). Fourth, if a claimant’s impairments do not prevent her from doing past relevant work, she is not disabled. 20 C.F.R. § 404.1520(e). Fifth, if a claimant’s impairments (considering her residual functional capacity (“RFC”), age, education, and past work) prevent her from doing other work that exists in the national economy, then she is disabled. 20 C.F.R. § 404.1520(f).

Section 404.1520 requires the ALJ at step three to compare a claimant’s severe impairment with the listed impairments.

BLANCAS v. Astrue · filed 2010-02-10(d)

Regulations set forth by the Commissioner require disability claims to be evaluated by the prescribed five-step process. 20 C.F.R. §§ 404.1520 and 416.920. ... In the third step, the ALJ compares the severe impairment with those on a list of specific impairments.

Section 404.1520 requires an ALJ to follow a five step analysis when evaluating a disability claim.

Newsome v. Astrue · filed 2011-09-30

Federal regulations set forth a five step analysis that the ALJ must follow when evaluating disability claims.

Section 404.1520 requires disability claims to be evaluated through a five-step sequence, with the claimant bearing the burden for the first four steps and the Secretary bearing the burden for the fifth.

Berry v. Richard Schweiker, Secretary of Health and Human Services · filed 1982-03-18

The applicable regulations promulgated by the Secretary set forth a straightforward five-step sequence to be utilized in evaluating disability claims. 20 C.F.R. §§ 404.1520, 416.920 (1981). ... Under the cases previously discussed, the claimant bears the burden of proof as to the first four steps, while the Secretary must prove the final one.

Section 404.1520 requires an administrative law judge to decide an adult disability claim through five steps covering current work, impairment severity, listed impairments, past work, and other work in the national economy.

Root v. Heckler · filed 1985-03-26

The Secretary has established rules that set forth a decision tree which every AU must use in arriving at his decision. See 20 C.F.R. § 404.1520. First, the AU ascertains whether the applicant currently is working; if so, the claim is denied. Id. at § 404.1520(b). Second, the AU determines, solely on the basis of medical evidence, see id. at § 404.1526, whether the claimed impairment is “severe,” that is, of a magnitude sufficient to limit significantly the individual’s “physical or mental ability to do basic work activities”; if it is not, the claim is denied. Id. at § 404.1520(c). Third, the AU decides, again using only medical evidence, whether the impairment equals or exceeds in severity certain impairments described in Appendix 1 of the regulations; if it does, the claimant automatically is awarded disability benefits. Id. at § 404.1520(d). Fourth, the AU considers whether the applicant has sufficient “residual functional capacity” — defined as what an individual “can still do despite [his] limitations” — to perform his past work; if so, the claim is denied. Id. at § 404.1520(e); see id. at § 404.1545(a). Finally, the AU adjudicates, on the basis of the claimant’s age, education, work experience, and residual functional capacity, whether the applicant can perform any other gainful and substantial work within the economy. Id. at § 404.1520(f).

When the first four steps do not resolve disability, § 404.1520(f) requires a fifth-step assessment of residual functional capacity using the claimant’s age, education, and experience.

Bryant v. Bowen · filed 1988-03-03(f)

Because the first four steps of the § 404.1520 inquiry do not yield a conclusive determination of disability, the AU properly proceeded to the fifth and final step, the so-called “grids” established under § 404.1520(f). The AU is required to determine plaintiff’s “residual functional capacity” which once determined will direct the AU to a determination of disability or no disability using plaintiff’s age, education and experience.

Section 404.1520 requires a five-step evaluation of disability claims, with the final step addressing whether the claimant can perform other work.

Cruz v. Shalala · filed 1995-04-19

Although the Secretary correctly applied the five-step procedure in evaluating Cruz’s disability claim, Cruz disputes the Secretary’s determination regarding step five, namely that Cruz remained capable of performing other work.

Section 404.1520 sets out a five-step disability evaluation that asks at step four whether the claimant can perform past relevant work.

Wilkins v. SSA · filed 1998-03-13

20 C.F.R. § 404.1520 (1996) establishes the following five sequential steps that must be considered in determining whether a claimant is disabled: (1) whether claimant is presently engaged in substantial gainful activity; (2) whether claimant has a severe impairment; (3) whether the impairment meets or equals a listed impairment; (4) whether the impairment prevents claimant from performing past relevant work; and (5) whether the impairment prevents the claimant from doing any other work.

Section 404.1520 requires the ALJ to follow five steps when evaluating a disability claim.

Baguer v. Apfel · filed 1999-09-17

The ALJ must follow five steps in evaluating a claim of disability.

Section 404.1520 requires the ALJ to apply the five-step disability inquiry before considering whether drug use affects the disability determination.

Pederson-Plummer v. Massanari · filed 2001-12-03(b)-(f)

On remand, the ALJ shall first apply the five-step inquiry to determine whether Pederson-Plummer was disabled during the closed period of disability without segregating out her drug use. If she was disabled under the five-step inquiry, then the ALJ shall determine whether Peder-son-Plummer would still be found disabled had she stopped using drugs during her closed period of disability.

Section 404.1520 requires the ALJ to evaluate a disability claim through five steps.

Kieser v. Barnhart · filed 2002-03-08

The ALJ must follow five steps in evaluating a claim of disability.

Section 404.1520’s five-step evaluation includes the effects of substance use disorders when the ALJ initially determines whether a claimant is disabled.

Brueggemann v. Jo Anne B. Barnhart, Commissioner of Social Security · filed 2003-11-03

The ALJ must reach this determination initially, as the ALJ did in Fastner v. Barnhart, 324 F.3d 981, 986 (8th Cir.2003), using the standard five-step approach described in 20 C.F.R. § 404.1520 without segregating out any effects that might be due to substance use disorders.

Section 404.1520 provides a five-step inquiry for determining whether a claimant is disabled.

White v. Barnhart · filed 2006-06-29(a)

In this case, the ALJ properly applied the five-step analysis to determine whether plaintiff is disabled.

Section 404.1520 requires a five-step disability evaluation and allows the Commissioner to stop once a claimant is found disabled or not disabled at a step.

Figueroa-Plumey v. Astrue · filed 2011-02-09(a)(4), (b)

If at any step, the Commissioner can make a finding that the claimant is disabled or not disabled, he must do so and the process need not continue. See 20 C.F.R. § 404.1520(a)(4).

Section 404.1520 requires disability claims to be evaluated through a five-step sequence.

Freeman v. Astrue · filed 2011-09-16

The Administration has adopted a sequential five-step process for determining whether a claimant is disabled. 20 C.F.R. §§ 404.1520, 416.920; Briscoe, 425 F.3d at 351. The ALJ must determine at step one whether the claimant is currently engaged in substantial gainful activity. If so, he is not disabled. If not, at step two the ALJ must determine whether the claimant has a severe physical or mental impairment. If not, the claimant is not disabled. If so, at step three the ALJ determines whether the claimant’s impairments meet or equal one of the impairments listed in the Administration’s regulations, 20 C.F.R. pt. 404, subpt. P, app. 1 (the “listings”), as being so severe as to preclude substantial gainful activity. If so, the claimant is found disabled. If not, at step four the ALJ determines the claimant’s residual functional capacity (RFC) and whether the claimant can perform his past relevant work. If he can perform his past relevant work he is not disabled. However, if he cannot perform past work, then at step five the ALJ determines whether the claimant has the RFC, in conjunction with age, education, and work experience, to make the adjustment to other work. If the claimant can make the adjustment, he is found not disabled. If he cannot make the adjustment, he is found disabled. 20 C.F.R. 404.1520; see Young v. Barnhart, 362 F.3d 995, 1000 (7th Cir.2004).

Section 404.1520 requires the ALJ to consider whether a claimant who cannot perform past work can perform other work in the national economy, taking account of age, education, and past work experience.

Lewis v. Colvin · filed 2013-09-20(f)

If the claimant cannot perform past work, the ALJ proceeds to step five in which the ALJ determines whether the claimant is capable of performing other work in the national economy. In step five, the ALJ must consider the claimant’s “age, education, and past work experience.” Only if a claimant is found incapable of performing other work in the national economy will she be found disabled.

Section 404.1520 requires a five-step analysis of disability, including assessment of impairment severity and residual functional capacity.

Welch v. SSA · filed 2024-02-28

Administrative Law Judges are tasked with conducting a five-step analysis to determine whether a person is disabled within the meaning of Title II. 20 C.F.R. § 404.1520(4). ... The Administrative Law Judge’s determination of the severity of Welch’s condition and residual functional capacity is supported by substantial evidence.

Section 404.1520 requires disability claims to be evaluated through a five step process, with residual functional capacity, age, education, and work experience considered at the final step.

Singleton v. Schweiker · filed 1982-06-23

Under the Regulations as promulgated by the Secretary, a five step procedure is to be utilized to determine if a claimant is disabled. 20 C.F.R. § 404.1520(a). These steps are as follows: ... 5. The Secretary will then consider the claimant’s residual functional capacity, age, education, and past work experience in conjunction with criteria listed in Appendix 2 to determine if the claimant is or is not disabled. 20 C.F.R. § 404.1520(f). ... In this case, the ALJ proceeded to the fifth and final step and determined that given the claimant’s residual functional capacity to perform sedentary work, his age, education and work experience and applying all these factors to Rule 201.24 in Appendix 2, a finding of not disabled was directed, (tr. 21). ... The plaintiff here suffers exertional as well as non-exertional impairments including diabetes mellitus, pancreatitis, essential hypertension, and atypical pulmonary tuberculosis. Based on authorities cited in Santise, supra, the ALJ should have elicited testimony from a vocational expert rather than applying the “grid” under Appendix 2.

Section 404.1520 provides a five step procedure for evaluating disability, including severe impairment and listed impairment tests.

Markoff v. Heckler · filed 1986-01-21

The Social Security Administration Regulations, 20 C.F.R. §§'404.1520, 416.920, provide a five step procedure for evaluating disability: ... For the above reasons, I rule that the ALJ’s decisions on the plaintiff’s SSI and CDIB claims that the plaintiff failed to satisfy his burden with respect to step two of the sequential disability evaluation procedure should be vacated. I also rule with respect to both of the plaintiff’s claims that he has shown by substantial evidence that he has a functional psychotic disorder which meets the requriements of 20 C.F.R. Part 404, Subpart P, Appendix 1, § 12.03. ... In other words, the plaintiff has satisfied his burden with respect to step three of the disability evaluation process.

Section 404.1520 sets out a five-step process for deciding whether an adult claimant is disabled.

Steward v. Bowen · filed 1988-10-07

To determine whether a claimant is disabled within the meaning of the Act, a five-step inquiry is employed. ... A negative answer at any point, other than step 3, stops [the] inquiry and leads to a determination that the claimant is not disabled. 20 C.F.R. § 404.1520 (1983).

The section establishes a five-step analysis for determining whether an individual is disabled.

Bennett v. Louis W. Sullivan, Secretary of Health and Human Services, Gray Panthers Advocacy Committee, Older Wo · filed 1990-11-06

The test is composed of a five-step analysis. At each step, the claimant must meet a certain standard. If the claimant fails to meet that standard, then that person is denied benefits. If the claimant meets that standard, then the analysis proceeds to the next step. If all of the relevant steps are satisfied, then claimant may receive benefits. 20 C.F.R. § 404.1520(a) (1990).

Section 404.1520 sets out a five-step disability evaluation, including a third step for impairments meeting the duration requirement and a listed impairment.

Niederhauser v. Secretary of Health and Human Services · filed 1992-04-10(d)

The Secretary evaluates disability claims under a five-step analysis. 20 C.F.R. § 404.1520 (1991). First, if the claimant is working, there will be a finding of no disability. Id. § 404.1520(b). Second, the claimant must have a severe impairment to be considered disabled. Id. § 404.1520(c). Third, if the claimant has an impairment that meets the duration requirement and is listed in appendix 1 to the regulations, there will be a finding of disability. Id. § 404.1520(d). The duration requirement is twelve months. Id. § 404.1509. Fourth, the impairment must prevent the claimant from performing past relevant work. Id. § 404.1520(e). Finally, the claimant must be unable to perform other work, taking into account the claimant's residual functional capacity, age, education, and past work experience. Id. § 404.1520(f). ... Niederhauser specifically contends that she presented evidence adequate to show that she meets the definition of disability of 20 C.F.R. § 404.1520(d), thus satisfying the third step of the five-step analysis. Assuming that she meets the definition of obesity, see id. § 404 subpt. P, app. 1, § 10.10, tbl. II, Niederhauser need only establish that she has a "[h]istory of pain and limitation of motion in any weight bearing joint or spine (on physical examination) associated with X-ray evidence of arthritis in a weight bearing joint or spine." Id. § 404 subpt. P, app. 1, § 10.10(A). The record is clear, however, that she did not establish this condition at the hearing. See, e.g., J.A. at 74 ("There is no ... medical documentation that she has persistent, significant arthritis in her joints at all."). Although Niederhauser may be currently able to demonstrate that she meets the definition of disability, she was not able to do so at the hearing; accordingly, the decision of the Secretary was supported by the evidence available at the hearing.

Section 404.1520 requires a five-step process for evaluating adult disability, including consideration of residual functional capacity and the ability to perform past or other work.

Wilson v. Sullivan · filed 1992-07-23

Pursuant to statutory authority, 42 U.S.C. §§ 423(d)(4), 1382c(a)(3)(D), the Secretary has promulgated regulations for determining whether an individual is disabled. 20 C.F.R. §§ 404.1520(a)-(f), 416.920(a)-(f). Generally, the Secretary employs a five-step process to determine whether a claimant is disabled within the meaning of the Act. ... This Ruling establishes that a claimant of spousal benefits is entitled to a determination that considers the claimant’s residual functional capacity. Because the Secretary only assessed the medical evidence to determine whether Ms. Wilson met one of the listed impairments and did not consider Ms. Wilson’s residual functional capacity for substantial gainful employment, the mandate of the Marcus court was not fulfilled.

Section 404.1520 requires a five step disability evaluation and places the step five burden on the Secretary to show that the claimant can perform gainful work available in the national economy.

Scott v. Shalala · filed 1995-02-24(f)(1)

A five step process is to be employed to determine whether the claimant is disabled. 20 C.F.R. §§ 404.1520, 416.920. ... If it is determined at any step that the claimant is not disabled, then further review is not necessary. ... The burden, however, shifts to the Secretary at the fifth stage to show that the individual, based upon her age, education, work experience, and residual functional capacity, is capable of performing gainful employment and that such jobs exist in the national economy.

Section 404.1520 requires the Commissioner to evaluate disability claims through a five-step process.

Jones v. Apfel · filed 1999-09-20

In evaluating disability claims, the Commissioner is required to use the five-step process promulgated in 20 C.F.R. §§ 404.1520 and 416.920.

Section 404.1520 establishes a five step process for determining whether an adult claimant is disabled.

Lisi v. Apfel · filed 2000-09-05

Plaintiff is correct that Step Two is a de minimis standard. See McDonald v. Secretary of Health and Human Servs., 795 F.2d 1118, 1124 (1st Cir.1986)(“the Step 2 requirement is hereafter to be a de minimis policy, designed to do no more than screen out groundless claims”). “[A] finding of ‘non-severe’ is only to be made where ‘medical evidence establishes only a slight abnormality or combination of slight abnormalities which would have no more than a minimal effect on an individual’s ability to work even if the individual’s age, education, or work experience were specifically considered]!]’ ” Id. (citing Social Security Ruling 85-28). However, this Court concludes that there is substantial evidence to support the ALJ’s conclusion that plaintiff did not meet the Step Two “severe impairment” requirement prior to December 31,1992.

Section 404.1520 requires disability claims to be evaluated in five steps, with the claimant bearing the burden through the fourth step and the Commissioner bearing it at the fifth.

Rooney v. Apfel · filed 2001-08-14

The Commissioner has promulgated a five-step analysis for evaluating disability claims. See 20 C.F.R. §§ 404.1520, 416.920. ... The claimant bears the burden of proof as to the first four steps, while the Commissioner bears the burden of proof as to the fifth step.

Section 404.1520 requires the ALJ to evaluate disability claims through a sequential five-step inquiry, stopping when the claimant is found disabled or not disabled.

Davis v. Barnhart · filed 2002-02-22

The ALJ must inquire: (1) whether the claimant is currently working; (2) whether the claimant has a severe impairment; (3) whether the claimant’s impairment meets or equals a listed impairment; (4) if the claimant does not suffer from a listed impairment, whether she can perform past relevant work; and (5) whether the claimant is capable of performing any work in the national economy. 20 C.F.R. § 404.1520.

Section 404.1520 sets out a five-step process for evaluating adult disability claims.

Sanchez v. Commissioner of Social Security · filed 2003-06-20

The five-step evaluation process to determine an individual’s disability for purposes of disability insurance benefits is set forth in 20 C.F.R. § 404.1520. The first and second steps require that the claimant be currently unemployed and have a severe impairment. The third step mandates that the impairment be equivalent to one listed in the regulations’ Appendix 1. The fourth step dictates that the claimant be unable to perform his past related work and finally, the fifth step requires that the claimant’s impairment prevent him from engaging in other work of the sort found in the national economy.

The section sets out a five-step process for deciding whether an adult claimant is disabled.

Robison v. Barnhart · filed 2004-05-03

The Commissioner makes this determination based upon the regulations promulgated by the Social Security Administration that set out a five-step sequential evaluation process. See 20 C.F.R. §§ 404.1520, 416.920. The Third Circuit concisely outlined this process in Plummer v. Apfel, 186 F.3d 422 (3d Cir.1999). ... In step one, the Commissioner must determine whether the claimant is currently engaging in substantial gainful activity. ... In step two, the Commissioner must determine whether the claimant is suffering from a severe impairment. ... In step three, the Commissioner compares the medical evidence of the claimant’s impairment to a list of impairments presumed severe enough to preclude any gainful work. ... Step four requires the ALJ to consider whether the claimant retains the residual functional capacity to perform her past relevant work. ... If the claimant is unable to resume her former occupation, the evaluation moves to the final step. At this stage, the burden of production shifts to the Commissioner, who must demonstrate the claimant is capable of performing other available work in order to deny a claim of disability. ... The ALJ will often seek the assistance of a vocational expert at this fifth step.

Section 404.1520 requires an ALJ to evaluate adult disability claims through five sequential steps, with the claimant bearing the burden through step four and the Commissioner at step five.

Parra v. Michael J.astrue · filed 2007-03-22(a)(4)

To determine whether a claimant meets this definition, the ALJ conducts a five-step sequential evaluation that asks (1) whether the claimant is presently engaging in substantially gainful activity; (2) whether the claimant has a severe impairment; (3) whether the impairment is listed, or equivalent to an impairment listed, in Appendix I of the regulations; (4) whether the impairment prevents the claimant from doing past relevant work; and (5) whether the impairment prevents the claimant from performing any other substantially gainful activity. 20 C.F.R. § 404.1520(a)(4). ... Nonetheless, while the ALJ’s five-step analysis is not completely clear, we find any error in this regard to be harmless.