20 C.F.R. § 416.920
Evaluation of disability claims: the cases that interpreted this section
9,744 citing cases reviewed of 18,114 in the citation index: 2,028 interpreted the section (annotated below), 7,716 cited it only in passing. Cases filed after 2026-06-26 may not have been reviewed yet.
Have a situation under 20 C.F.R. § 416.920?
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Five-step sequential evaluation process
Section 416.920 requires disability claims to be evaluated through a five-step sequence addressing substantial gainful activity, severity, listed impairments, residual functional capacity and past work, and the ability to perform other work.
Williams v. Barnhart · filed 2002-02-06
The Social Security regulations provide a five-step sequential evaluation process for determining if a claimant has proven that she is disabled. See 20 C.F.R. § 416.920 (1999). The ALJ must also evaluate the claimant’s case using this sequential evaluation process. Ambers v. Heckler, 736 F.2d 1467, 1469 (11th Cir.1984). First, the claimant must not be engaged in “substantial gainful activity.” Second, the claimant’s condition or impairment must be deemed “severe.” ... If the severe impairment does not equal or meet the severity of a listed impairment, the examiner proceeds to the fourth step, namely, an assessment of the claimant’s residual functional capacity [“RFC”]. The assessment measures whether a claimant can perform past relevant work despite his or her impairment. If the claimant is unable to do past relevant work, the examiner proceeds to the fifth and final step of the evaluation process to determine whether, in light of his or her RFC, age, education and work experience, the claimant can perform other work. §§ 20 C.F.R. 404.1520(a)-(f), 416.920(a)-(f).Read the full opinion on CourtListener →
Section 416.920 requires disability claims to be evaluated in a prescribed five-step sequence, but permits the agency to stop once a dispositive answer is reached.
Desrosiers v. Department of Human Services, 01-1578 (2002) · filed 2002-03-01
The DHS is obligated to follow a "set order" of steps when evaluating a disability claim. See C.F.R. § 416.920. In doing so, the agency may conclude its inquiry before all the steps are applied. Therefore, an agency can find that an applicant is disabled or not disabled at any point in the review, and does not need to review the claim further. Id. Specifically, "[a] negative answer to any question, other than step three, leads to a determination of not disabled."Read the full opinion on CourtListener →
Section 416.920 requires an ALJ to evaluate disability claims through a five-step sequence: substantial gainful activity, severity, listed impairment, past relevant work, and other work.
May v. SSA · filed 2002-05-16
When determining whether a claimant is disabled, the ALJ is required to make the following five inquiries: (1) whether the claimant is engaged in substantial gainful activity; (2) whether the claimant has a severe impairment; (3) whether the impairment meets or equals a listed impairment; (4) whether the impairment prevents the claimant from performing past relevant work; and (5) whether the impairment prevents the claimant from doing any other work. 20 C.F.R. § 404.1520. See also 20 C.F.R. § 416.920.Read the full opinion on CourtListener →
Section 416.920 requires a five-step sequential evaluation of disability, with a finding of not disabled after a negative answer at any step except step three.
Almonte v. Rhode Island Department, Human Services, 01-0904 (2002) · filed 2002-08-26
The federal guidelines set forth a five-step sequential evaluation to determine whether an individual is disabled: 1. Is the claimant engaged in substantial activity? 2. If not, is the impairment severe? 3. If severe, does it meet or equal an impairment listed in the Supplemental Security Income (SSI) regulations? 4. If it does not meet or equal SSI regulations, does the impairment prevent the claimant from doing past relevant work? 5. Considering age, education, work experience and residual functional capacity, does the impairment(s) prevent the claimant from doing other work in the national economy? See 20 C.F.R. § 416.920; see also Brown v. Yuckert, 482 U.S. 137, 141-43 (1987). In applying this five-step evaluation, once the Hearing Officer reaches a negative answer to any of the questions, except step three, the Hearing Officer must reach a determination of not disabled.Read the full opinion on CourtListener →
Section 416.920(a) requires the Commissioner to use a five-step sequential process to evaluate SSI disability claims, ending the inquiry when the claimant fails a criterion.
Darland v. Barnhart · filed 2002-10-25(a)
Pursuant to the Act, the Commissioner follows a five-step sequential evaluation process in determining'disability. See 20 C.F.R. § 416.920(a). This process requires consideration of whether (1) the claimant is gainfully employed; (2) the claimant has. a severe impairment; (3) the impairment meets the criteria of any SSI listings; (4) the impairment prevents the claimant from performing past relevant work; and (5) the impairment necessarily prevents the claimant from doing any other work. Ramirez, 292 F.3d at 580. If a claimant fails to meet any of these criteria, the process ends and the claimant is determined to be not disabled.Read the full opinion on CourtListener →
Section 416.920 requires disability claims to be evaluated through a five-step sequential process, including whether the claimant can perform past relevant work or other work in the national economy given the claimant’s residual functional capacity and vocational factors.
Kukulka v. Barnhart · filed 2003-02-05
The Commissioner must perform a five-step sequential evaluation process to make disability determinations under the regulations. See 20 C.F.R. § 416.920. If the claimant fails to meet the requirements at any step in the process, the Commissioner may conclude that the claimant is not disabled under the Act. The ALJ must determine, in order: (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 *110which exists in the national economy, in light of his age, education, work experience, and residual functional capacity. See 20 C.F.R. §§ 404.1520, 416.920; Sykes v. Apfel, 228 F.3d 259, 262-63 (3d Cir.2000).Read the full opinion on CourtListener →
Section 416.920 requires a claimant with an impairment, even a severe one, to show that its functional restrictions prevent work before disability can be found.
Pachilis v. Barnhart · filed 2003-05-30
First, as a matter of law, a finding that a claimant suffers from an impairment, even a severe one, does not end the inquiry. Rather, a claimant must still show that the impairment, as manifested in his particular circumstances', has resulted in sufficient restrictions in his functional capacity that preclude him from working. See 20 C.F.R. § 404.1520; 20 C.F.R. § 416.920. Thus, noting Pachilis’ claims of depression, the ALJ proceeded to evaluate her testimony as to the activities that she could still perform with an impairment classified as “severe.”Read the full opinion on CourtListener →
Section 416.920 requires a sequential five-step evaluation of a disability claim, and an ALJ need not expressly identify each step if the decision addresses the factors relevant to every step.
Thompson v. Barnhart · filed 2003-09-26
Ms. Thompson asserts that the Administrative Law Judge (“ALJ”) who reviewed her claim erred in failing to apply the sequential five-step evaluation process provided in 20 C.F.R. § 416.920. We disagree. Although the ALJ did not reference each step of the process in her discussion of the evidence, she expressly stated that her review was conducted pursuant to § 416.920. Moreover, she clearly addressed the factors relevant to each step in her detailed opinion.Read the full opinion on CourtListener →
Section 416.920 requires an ALJ to evaluate an adult disability claim using a five-step sequential test.
Cox v. Jo Anne B. Barnhart · filed 2003-10-08
The ALJ is required to undertake a familiar five-part test in determining whether an adult is disabled. 20 C.F.R. § 416.920 (2003).Read the full opinion on CourtListener →
Section 416.920 requires an ALJ to evaluate adult disability claims under a five-step sequential test, including whether the claimant can perform past relevant work.
Cox v. Jo Anne B. Barnhart, Commissioner, Social Security Administration · filed 2003-10-08
The ALJ is required to undertake a familiar five-part test in determining whether an adult is disabled. 20 C.F.R. § 416.920 (2003). ... The first three steps are not at issue here: Cox is not gainfully employed; she does have significant impairments as a result of her fibromyalgia and costochondritis; and her impairments are not listed in the Social Security regulations. It is the fourth step in this analysis, whether Cox can perform her past relevant work, that Cox maintains the ALJ incorrectly assessed. We agree with Cox.Read the full opinion on CourtListener →
Section 416.920 requires disability claims to be evaluated through a five-step sequential process, including work activity, impairment severity, listed impairments, past work, and available work in the national economy.
Burkett v. Barnhart · filed 2003-11-19
The Social Security regulations provide a five-step sequential evaluation process for determining if a claimant has proven that he is disabled. ... The ALJ must evaluate the claimant’s case using this sequential evaluation process, ... and the steps are as follows: ... 1. If the claimant is working or engaging in substantial gainful activity, he is not disabled. However, if the claimant is not working or engaging in substantial gainful activity, the Court must consider whether the claimant has a severe impairment. ... 5. Finally, even if a claimant (a) is not working or engaging in substantial gainful activity; (b) has a severe impairment that is listed in Appendix I of the regulations (or may be considered and equivalent thereto); (c) that impairment has lasted or is expected to last for more than twelve (12) continuous months; and (d) he is not expected to be able to return to his previous job, if the Social Security Administration can show that the claimant is capable of performing a significant number of jobs that are available in the national economy, the claimant will not be considered disabled within the meaning of the Social Security Act. Therefore, he will not be entitled to benefits pursuant to 42 U.S.C. §§ 401 et seq. and/or 42 U.S.C. §§ 1381.Read the full opinion on CourtListener →
Section 416.920 requires an ALJ to use a five-step sequential process to determine disability, including consideration of substantial gainful activity, severity and duration, listed impairments, past work, and the claimant's ability to perform other work in the national economy.
Daughtry v. Barnhart · filed 2004-02-19(a)-(f)
The Social Security regulations provide a five-step sequential evaluation process for determining if a claimant has proven that he is disabled. See 20 C.F.R. § 416.920 (1999). The ALJ must evaluate the claimant’s case using this sequential evaluation process, ... . The steps are as follows: ... 4. If it is determined that the claimant can return to previous employment, considering his residual functional capacity [“RFC”] and the physical and mental demands of the work that he has done in the past, the claimant will not be considered disabled. If it is determined that the claimant cannot return to previous employment, the SSA must continue to step 5 in the sequential evaluation process. ... 5. If, upon considering the claimant’s RFC, age, education, and past work experience, the SSA determines that the impairments determined do not preclude the claimant from performing a significant number of jobs that are available in the national economy, the claimant will not be considered disabled within the meaning of the Social Security Act. ... See §§ 20 C.F.R. 404.1520(a)-(f), 416.920(a)-(f).Read the full opinion on CourtListener →
Section 416.920 requires disability claims to be evaluated through five sequential steps addressing substantial gainful activity, severe impairment, listed impairments, past relevant work, and other work in the national economy.
Hector v. Barnhart · filed 2004-03-01(b)-(f)
An ALJ must engage in a five-step 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. See 20 C.F.R. § 416.920(b). 2. An individual who does not have a “severe impairment” will not be found to be disabled. See 20 C.F.R. § 416.920(c). 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. See 20 C.F.R. § 416.920(d). 4. If an individual is capable of performing the work he has done in the past, a finding of “not disabled” must be made. See 20 C.F.R. § 416.920(e). 5. If an individual’s impairment precludes performance of his 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. See 20 C.F.R. § 416.920(f).Read the full opinion on CourtListener →
Section 416.920 requires determining whether a claimant can perform past relevant work based on residual functional capacity and, if not, shifts the burden to the Commissioner to show that the claimant can perform work existing in significant numbers in the national economy.
Johnson v. Barnhart · filed 2004-03-09
To qualify as disabled for SSI purposes, a claimant must show that, based on her residual functional capacity, she can no longer perform her past relevant work. 20 C.F.R. § 416.920. If she satisfies that requirement, the burden then shifts to the Commissioner to show that the claimant can perform some type of work that exists in significant numbers in the national economy. Id.Read the full opinion on CourtListener →
Section 416.920 requires disability claims to be evaluated through a sequential process; a claimant who is not engaged in substantial gainful activity but lacks a severe impairment fails at step two, so the ALJ need not proceed to later steps.
Butler v. Barnhart · filed 2003-12-23
The Social Security regulations provide a five-step sequential evaluation process for determining if a claimant has proven that he is disabled. See 20 C.F.R. § 416.920 (1999). ... Butler survives step one of the sequential evaluation process, because he is not engaged in any substantial gainful employment. However, as there are no listed severe impairments noted during the period of his alleged disability, Butler does not survive step two. As a result, he is not disabled within the meaning of the Act. The ALJ was not required to complete an analysis of Butler’s condition in steps three through five, because the determination that Butler was not disabled was made at step two.Read the full opinion on CourtListener →
Section 416.920 establishes a five-step sequential disability evaluation, and the agency may stop once a step establishes that the applicant is not disabled.
Alicea v. Rhode Island Department of Human Services, 03-3144 (2004) · filed 2004-02-18
If the application is based on a physical or mental impairment, federal guidelines provide a five-step sequential procedure to determine if the disability is one which qualifies for assistance. This procedure is as follows: "1. Is the claimant engaged in a substantial activity? 2. If not, is the impairment(s) severe? 3. If severe, does it meet or equal an impairment listed in the Supplemental Security Income (SSI) regulations? 4. If it does not meet or equal SSI regulations, does the impairment(s) prevent the claimant from doing past relevant work? 5. Considering age, education, work experience, and `residual functional capacity,' does the impairment(s) prevent the claimant from doing other work in the national economy." See 20 C.F.R. § 416.920; Bowen v. Yuckert, 482 U.S. 137, 140-142 (1987). ... DHS is not required to complete all five-steps of the evaluation; rather DHS may end the inquiry at any point during the evaluation and conclude that the applicant is not disabled.Read the full opinion on CourtListener →
Section 416.920(a)(4) requires an ALJ to evaluate disability through a five-step sequence addressing work activity, impairment severity, residual functional capacity, and the claimant's ability to adjust to other work.
Latkowski v. Barnhart · filed 2004-03-25(a)(4)
In making a disability determination, an ALJ must invoke the five-step analysis. See 20 C.F.R. § 416.920(a)(4). At the first step, work activity is considered. At the second step, the medical severity of the impairment is determined. At the third step, medical severity is again considered to determine if the impairment or a combination of them meet the severity listings in the regulations. At the fourth step, residual functional capacity is considered. At the fifth step, the claimant’s RFC, age, education and work experience are considered to determine if the individual can adjust to other work. See id. § 416.920(a)(4)(i)-(v).Read the full opinion on CourtListener →
Section 416.920 requires an ALJ to determine disability through a five-step sequential inquiry: substantial gainful activity, severe impairment, listed impairment, past relevant work, and other work.
Horan v. SSA · filed 2004-05-03
When determining whether a claimant is disabled, the ALJ is required to make the following five inquiries: (1) whether the claimant is engaged in substantial gainful activity; (2) whether the claimant has a severe impairment; (3) whether the impairment meets or equals a listed impairment; (4) whether the impairment prevents the claimant from performing past relevant work; and (5) whether the impairment prevents the claimant from doing any other work. 20 C.F.R. § 416.920. ... In concluding that claimant was not disabled within the meaning of the Act, the ALJ properly employed the mandatory five-step sequential evaluation process described in 20 C.F.R. § 416.920.Read the full opinion on CourtListener →
Section 416.920 requires disability claims to be evaluated under a five-step sequential process, including consideration of residual functional capacity after the listing step.
Moore v. Barnhart · filed 2004-05-26
The Social Security regulations provide a five-step sequential evaluation process for determining if a claimant has proven that he is disabled. See 20 C.F.R. § 416.920 (1999). The ALJ must evaluate the claimant’s case using this sequential evaluation process, Ambers v. Heckler, 736 F.2d 1467, 1469 (11th Cir.1984); Williams v. Barnhart, 186 F.Supp.2d 1192, 1195 (M.D.Ala.2002).Read the full opinion on CourtListener →
Section 416.920 requires disability claims to be evaluated through a five-step sequential process, which may end at any step when the claimant is found not disabled.
Rotondo v. Ri Dhs, 04-1319 (2004) · filed 2004-11-12
To determine whether an applicant qualifies as "disabled" for the purposes of medical assistance eligibility, a Hearing Officer engages in a five-step sequential inquiry, which follows the five-step federal process enunciated in 20 C.F.R. § 416.920.Compare 20 C.F.R. § 416.920 with DHS Manual §§ 0352.15; 0352.15.05; 0352.15.15; 0352.15.20. The Hearing Officer asks: 1. Is the claimant engaged in substantial activity? 2. If not, is the impairment severe? 3. If severe, does it meet or equal an impairment listed in the Supplemental Security Income (SSI) regulations? 4. If it does meet or equal SSI regulations, does the impairment prevent the claimant from doing past relevant work? 5. Considering age, education, work experience and residual functional capacity, does the impairment(s) prevent the claimant from doing other work in the national economy? See 20 C.F.R. § 416.920; DHS Manual §§ 0352.15; 0352.15.05; 0352.15.15; 0352.15.20; see also Bowen v. Yuckert,482 U.S. 137, 140-42 (1987) (outlining five-step process enunciated in20 C.F.R. § 416.920). Because of the sequential nature of this five-pronged analysis, a negative determination at any one of the steps (except for step three) forecloses a finding of "disabled."McDaniel v. Bowen, 800 F.2d 1026, 1030 (11th Cir. 1986); seeSeavey v. Barnhart, 276 F.3d 1, 5 (1st Cir. 2001) (observing that "All five steps are not applied to every applicant, as the determination may be concluded at any step along the process").Read the full opinion on CourtListener →
Section 416.920 requires an ALJ to determine disability through a five-step sequential evaluation addressing substantial gainful activity, severity, listed impairments, residual functional capacity and past work, and adjustment to other work.
LaMacchia v. Barnhart · filed 2004-12-23
The Social Security Administration has promulgated a five-step sequential evaluation process for an ALJ to determine whether or not a claimant qualifies as disabled under the Social Security Act. First, the ALJ must consider whether the claimant partakes in substantial gainful activity; if so, he or she is not disabled. For steps two and three, the ALJ turns to the question of whether the claimant’s impairments can be characterized as “severe.” If not, the claimant is not disabled. If, however, a claimant’s impairment is one that has been deemed severe by the Administration, then the claimant is disabled per se. Fourth, the ALJ considers the claimant’s residual functional capacity, which measures the most that the claimant can still do despite his or her limitations, as well as any past relevant work. If the claimant retains the residual functional capacity to perform his or her past relevant work, then he or she is not disabled. Fifth and finally, the ALJ considers whether the Administration can prove that the claimant can make an adjustment to other work that exists in significant numbers in the national economy. If so, the claimant is not disabled. 20 CFR § 416.920.Read the full opinion on CourtListener →
Section 416.920(f) requires the ALJ at step five to determine, considering the claimant’s RFC and vocational factors, whether the claimant can perform other work existing in the national economy.
Gravel v. Barnhart · filed 2005-03-14(f)
In making this showing, the ALJ must consider the claimant’s RFC, age, education, past work experience, and transferability of skills, to determine if she can perform other work existing in the national economy. 20 C.F.R. § 416.920(f); see New York v. Sullivan, 906 F.2d 910, 913 (2d Cir.1990).Read the full opinion on CourtListener →
Section 416.920 requires disability decisionmakers to use a five-step sequential inquiry, with a negative determination at any step except step three resulting in no disability.
Mejia v. Dhs, 04-1005 (r.I.super. 2005) · filed 2005-05-18(a)(4)
A Hearing Officer must determine whether an applicant for benefits is disabled under the five-step inquiry set forth in 20 C.F.R. § 416.920. Under said five-step inquiry, the Hearing Officer must determine the following: "1. Is the claimant engaged in substantial activity? 2. If not, is the impairment severe? 3. If severe, does it meet or equal an impairment listed in the Supplemental Security Income (SSI) regulations? 4. If it does not meet or equal SSI regulations, does the impairment prevent the claimant from doing past relevant work? 5. Considering age, education, work experience and residual functional capacity, does the impairment(s) prevent the claimant from doing other work in the national economy?" 20 C.F.R. § 416.920(a)(4). This five-step inquiry is sequential in nature, and a negative determination at any step (except step 3) results in a finding of no disability. McDaniel v. Bowen, 800 F.2d 1026, 1030 (11th Cir. 1986).Read the full opinion on CourtListener →
Section 416.920(a)(4) requires SSI disability claims to be evaluated through a five-step sequential process, ending the inquiry when a claimant is found not disabled at any step.
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. See 20 C.F.R. § 404.1520(a)(4) (process for SSD determination); 20 C.F.R. § 416.920(a)(4) (process for SSI determination). A finding of no disability at any one step ends the inquiry without proceeding to the next step. See 20 C.F.R. §§ 404.1520(a)(4), 416.920(a)(4).Read the full opinion on CourtListener →
Section 416.920 requires the Commissioner to use a five-step disability analysis, with step five focusing on residual functional capacity and the claimant’s ability to adjust to other work.
Pratt v. Barnhart · filed 2005-12-30(4)(v)
To determine whether an individual is disabled within the meaning of the Social Security Act, the Commissioner will follow a five-step analysis. 20 C.F.R. § 416.920 (1). Here, the first four steps are not at issue. The question is only whether Pratt retains a residual functional capacity to perform other work. See 20 C.F.R. § 416.920(4)(v) (“At the fifth and last step, we consider our assessment of your residual functional capacity. . . . If you can make an adjustment to other work, we will find that you are not disabled.”).Read the full opinion on CourtListener →
Section 416.920 requires an ALJ to use a five-step sequential process to evaluate whether a claimant is disabled.
Payton v. Barnhart · filed 2006-02-24
The Social Security Administration has promulgated a five-step sequential'evaluation process for an ALJ to determine whether or not a Plaintiff qualifies as disabled under the Social Security Act. According to this process, an ALJ must consider (1) current work activity, (2) the severity of the impairments, (3) whether the impairments meet or are functionally equivalent to the listed impairments, (4) residual functional capacity, and (5) the ability to perform work available in the national economy. 20 C.F.R. § 416.920. Here, the ALJ erred in the Step Two assessment by finding that Plaintiffs depression was not a severe impairment until October 1, 2001.Read the full opinion on CourtListener →
Section 416.920 requires a five-step disability evaluation, with step two asking whether a severe impairment significantly limits basic work activities before later considering age, education, and work experience.
Taylor v. Rhode Island Department of Human Services, 03-4514 (2004) · filed 2004-06-10(c)
In order to establish such disability, the DHS must adhere to a five step inquiry, delineated by the U.S. Secretary of Health and Human Services in 20 C.F.R. § 416.920. ... The second determination to be made is whether the applicant has a severe "impairment or combination of impairments which significantly limits [the applicant's] physical or mental ability to do basic work activities." 20 C.F.R. § 416.920(c). The severity is determined by reviewing all of the medical evidence, including evaluations, symptoms and test results; age, education, and work experience do not yet come into play at this step. The burden of proof is on the applicant. If it is determined that the applicant does not have a severe impairment, then MA benefits are denied. If the impairment(s) is/are severe, the inquiry moves on to step 3. ... In the five step sequential evaluation, a finding of not severe at step 2 ends the inquiry, yet the Hearing Officer apparently proceeds to discuss Applicant's age, education and work experience, which should not enter the inquiry until after step 3.Read the full opinion on CourtListener →
Section 416.920 provides the five-step evaluation process used for initial disability determinations; it is not the required analysis for terminating previously awarded benefits.
Corrigan v. Barnhart · filed 2004-12-21
In the final decision now on appeal before this Court, the hearing officer erroneously frames his analysis explicitly around the five-step evaluation process generally used for initial applications. R. at 23; see also 20 C.F.R. § 416.920. The hearing officer makes not one reference to “medical improvement” throughout the opinion, but rather goes through the five-step evaluation process for making a determination of disability.Read the full opinion on CourtListener →
Section 416.920 establishes a five-step sequential process for deciding disability, including shifting the burden to the Commissioner at step five to show that the claimant can perform specific jobs existing in the national economy.
Williams v. Barnhart · filed 2006-03-23
A five-step sequential process governs the inquiry to determine whether a claimant is disabled. 20 C.F.R. § 416.920; Bowen v. Yuckert, 482 U.S. 137, 140-42, 107 S.Ct. 2287, 96 L.Ed.2d 119 (1987). At step one, the claimant must demonstrate that she is not engaged in substantial gainful activity. Plummer, 186 F.3d at 428. At step two, she must show that she has a medically severe impairment or a combination of impairments. Id. At the third step, a determination is made whether the impairment is one of a number of listed impairments that the Commissioner has already decided are so severe that they conclusively render a claimant disabled. Id. If the claimant’s impairment equals one of the listed impairments, she is found disabled. If it does not, the inquiry proceeds to step four where the claimant must show that the impairment prevents the performance of her past relevant work. Id. Once the claimant has established that she cannot return to her customary occupation, the burden shifts to the Commissioner, who, at the fifth step, must prove that the claimant can still engage in substantial gainful activity. The Commissioner satisfies this burden by demonstrating that given the claimant’s age, education and work experience, she can perform specific jobs that exist in the national economy.Read the full opinion on CourtListener →
Section 416.920 requires DHS to evaluate disability claims using the federal five-step sequential evaluation process.
Boutin v. Rhode Island Dept. of Human Services, Pc/05-2043 (r.I.super. 2006) · filed 2006-04-13(a)(4)(i)-(v)
In determining whether an individual is disabled, DHS is required to analyze the applicant's condition using the five-step sequential evaluation method set forth by the federal regulations.Read the full opinion on CourtListener →
Section 416.920(a) requires disability claims to be evaluated through a five-step sequential process, ending the inquiry when a claimant is found not disabled at any step.
Armstrong v. Barnhart · filed 2006-05-18(a)
To make this determination, the Commissioner must employ a five step sequential analysis. 20 C.F.R. § § 404.1520(a)-(f); 416.920(a)-(f). If the ALJ finds at any step of this process a claimant is not disabled, the inquiry ends. ... Under this process, the ALJ must inquire: (1) whether the claimant is still 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 he can perform past relevant work; and (5) whether the claimant is capable of performing any work in the national economy.Read the full opinion on CourtListener →
Section 416.920 sets out a five-step sequential process for determining whether a claimant is disabled, including consideration of substantial gainful activity, severity and duration of impairments, listed impairments, past relevant work, and other work in the national economy.
Roybal v. Barnhart · filed 2006-06-30
There is a five step process to determine whether a claimant is disabled pursuant to 20 C.F.R. § 416.920: 1) If the claimant is performing substantial gainful work she is not disabled.Read the full opinion on CourtListener →
Section 416.920(a) sets out a five-step sequence for determining disability, and § 416.920(f) directs comparison of residual functional capacity with past relevant work at step four; ability to perform past work means the claimant is not disabled.
Travis v. Michael J. Astrue, Commissioner, Social Security Administration · filed 2007-02-28(a), (f)
To determine disability, the ALJ followed the five-step process, considering whether: (1) Travis was employed; (2) she was severely impaired; (3) her impairment was, or was comparable to, a listed impairment; (4) she could perform past relevant work; and if not, (5) whether Travis could perform any other kind of work. ... If the ALJ “cannot make a determination or decision at the first three steps of the sequential evaluation process, [it] will compare [the] residual functional capacity assessment ... with the physical and mental demands of past relevant work.” 20 C.F.R. § 404.1520(f); 20 C.F.R. § 416.920(f). If the claimant can still perform that work, the claimant is not disabled.Read the full opinion on CourtListener →
Section 416.920(a)(4) requires disability claims to be evaluated through the regulation’s five-step sequential process, including a step-two assessment of whether the claimant’s impairment is severe.
Skinner v. Michael J. Astrue, Commissioner · filed 2007-03-07(a)(4)
Skinner contends the ALJ improperly found, at step two of the five-step disability analysis, that Skinner’s impairments were not severe. ... More specifically, she argues the ALJ did not consider the effects of her ailments in the aggregate. Skinner is correct that such a failure may constitute legal error. ... The ALJ did not disregard the totality of Skinner’s claimed symptoms. He evaluated her claims against the medical evidence in the record to determine whether her impairments were severe. ... The ALJ’s decision specifically states that “the claimant does not have an impairment, or combination of impairments, that would have more than a minimal effect on her ability to work.”Read the full opinion on CourtListener →
Section 416.920 requires a five-step sequential evaluation to determine whether a claimant is disabled.
Gilcrease v. Astrue · filed 2007-04-20
The ALJ implemented the five-step evaluation to determine disability, as mandated by 20 C.F.R. § 416.920.Read the full opinion on CourtListener →
Section 416.920 requires disability adjudicators to evaluate a claimant through five sequential steps: substantial gainful activity, severe impairment, listed impairment, past work, and other work in the national economy.
Albidrez v. Astrue · filed 2007-07-23
The Commissioner has promulgated regulations establishing a five-step sequential evaluation process for the ALJ to follow in a disability case. 20 C.F.R. § 416.920. In the First Step, the ALJ must determine whether the claimant is currently engaged in substantial gainful activity. 20 C.F.R. § 416.920(b). If not, in the Second Step, the ALJ must determine whether the claimant has a severe impairment or combination of impairments significantly limiting him from performing basic work activities. 20 C.F.R. § 416.920(c). If so, in the Third Step, the ALJ must determine whether the claimant has an impairment or combination of impairments that meets or equals the requirements of the Listing of Impairments (“Listing”), 20 C.F.R. § 404, Subpart P, App. 1. 20 C.F.R. § 416.920(d). If not, in the Fourth Step, the ALJ must determine whether the claimant has sufficient residual functional capacity despite the impairment or various limitations to perform his past work. 20 C.F.R. § 416.920(f). If not, in Step Five, the burden shifts to the Commissioner to show the claimant can perform other work that exists in significant numbers in the national economy. 20 C.F.R. § 416.920(g).Read the full opinion on CourtListener →
Section 416.920(a)(4) establishes a five-step disability evaluation: the claimant bears the burden through the first four steps, and the government bears the burden at the fifth step of showing that the claimant can perform other work available in the national economy.
Valiquette v. Astrue · filed 2007-08-03(a)(4)(i)-(iv), (a)(4)(v)
Through the first four steps of the inquiry, the claimant has the burden of demonstrating that he has a disability that prevents him from engaging in the type of work he had performed previously. 20 C.F.R. § 404.1520(a)(4)(i)-(iv); 20 C.F.R. § 416.920(a)(4)(i)(iv). If the claimant can establish such a disability, the inquiry proceeds to a fifth step, where the government bears the burden of demonstrating that the claimant has the capacity to perform some other type of work available in the national economy. 20 C.F.R. § 404.1520(a)(4)(v); 20 C.F.R. § 416.920(a)(4)(v); Seavey, 276 F.3d at 5; Ortiz v. Sec’y of Health and Human Servs., 890 F.2d 520, 524 (1st Cir.1989) (per curiam). If the plaintiff cannot make an adjustment to such other work, he is disabled. See 20 C.F.R. § 404.1520(a)(4)(v); 20 C.F.R. § 416.920(a)(4)(v).Read the full opinion on CourtListener →
Section 416.920 requires a five-step evaluation to determine whether a claimant is disabled.
Gonzales v. Astrue · filed 2007-05-15
The ALJ implemented the five-step evaluation to determine disability, as mandated by 20 C.F.R. § 416.920.Read the full opinion on CourtListener →
Section 416.920 requires disability claims to be evaluated through five sequential steps, ending with consideration of other work and vocational factors if the claimant cannot perform past work.
Hawthorne v. Astrue · filed 2007-03-19
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.Read the full opinion on CourtListener →
Section 416.920 requires disability claims to be evaluated through a five-step sequence covering substantial gainful activity, impairment severity, listed impairments, past work, and other work.
Blackstock v. Astrue · filed 2007-12-06(b)-(f)
An ALJ must engage in a five-step 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.Read the full opinion on CourtListener →
Section 416.920 requires an ALJ to evaluate disability claims using a five-step sequential analysis, beginning with substantial gainful activity and severity of impairment.
D'AMATO v. Astrue · filed 2008-03-12
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. § 416.920. 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.Read the full opinion on CourtListener →
Section 416.920 establishes the five-step sequential process for deciding disability claims: affirmative answers advance the inquiry or establish disability at steps three and five, while a negative answer generally ends the inquiry with a finding of no disability.
Flynn v. Astrue · filed 2008-07-01
The Social Security Regulations provide a five-step sequential inquiry to determine whether a plaintiff is disabled.Read the full opinion on CourtListener →
Section 416.920 requires a five-step disability evaluation; at step five, after finding that a claimant cannot perform past work, the decision-maker considers residual functional capacity together with age, education, and work experience to determine whether the claimant can adjust to other work.
Justice v. Astrue · filed 2008-09-11(a)(4)(v), (g)(1)
Pursuant to 20 C.F.R. § 416.920 and as explained above, a hearing officer must follow a five-step sequential process in determining whether someone is disabled. At the fifth and final step, the hearing officer looks at the plaintiffs residual functional capability, age, education, and work experience in order to determine whether the individual is disabled or not. 20 C.F.R. § 416.920(a)(4)(v). If the hearing officer determines that an individual cannot perform the work for which he was previously employed, the hearing officer must then consider the individual’s residual functional capability, along with other vocational factors (including age, education, and experience), to determine if the pei'son can make the transition to other forms of work. 20 C.F.R. § 416.920(g)(1).Read the full opinion on CourtListener →
Section 416.920(a)(4) requires a five-step sequential evaluation of disability claims: the claimant must establish the first three steps, bears the burden at step four to show inability to perform past relevant work, and the burden shifts to the Commissioner at step five.
Pate-Fires v. Astrue · filed 2009-05-06(a)(4)
A five-step test is used to determine whether an individual qualifies for SSI. 20 C.F.R. § 416.920(a)(4). Steps one through three require the claimant to prove (1) she is not currently engaging in substantial gainful activity, (2) she suffers from a severe impairment, and (3) her disability meets or equals a listed impairment. See, e.g., Van Vickle v. Astrue, 539 F.3d 825, 827 (8th Cir. 2008). If a claimant does not suffer from a listed impairment or its equivalent, the analysis proceeds to steps four and five. Step four requires the ALJ to consider whether the claimant retains the RFC to perform her past relevant work. The claimant bears the burden of demonstrating an inability to return to her past relevant work. Steed v. Astrue, 524 F.3d 872, 875 n.3 (8th Cir. 2008). If the ALJ determines the claimant cannot resume her prior occupation, the burden shifts to the Commissioner at step five to show the claimant is capable of performing other work. Id.Read the full opinion on CourtListener →
Section 416.920(a) requires the Administration to use a five-step sequential evaluation to determine whether an individual qualifies as disabled.
Ross v. Astrue · filed 2009-07-24(a)
To evaluate whether an individual possesses an “inability to engage in any substantial gainful activity,” 42 U.S.C. § 416(i)(l), and therefore qualifies as disabled, the Administration applies a five-step sequential evaluation, 20 C.F.R. § 416.920(a).Read the full opinion on CourtListener →
Section 416.920(a) requires the Administration to evaluate disability claims through a five-step sequential process, with the burden shifting to the Administration at step five to show that the claimant can perform other work considering the claimant's age, education, work experience, and residual functional capacity.
Ross v. Barnhart · filed 2009-07-24(a)
To evaluate whether an individual possesses an “inability to engage in any substantial gainful activity,” 42 U.S.C. § 416(i)(1), and therefore qualifies as disabled, the Administration applies a five-step sequential evaluation, 20 C.F.R. § 416.920(a). Under this analysis, the claimant must first show that he is not presently engaged in “substantial gainful activity.” Id. § 416.920(b). Second, the claimant must have a “severe impairment” that “specifically limits [his] . . . ability to do basic work activities.” Id. § 416.920(c). If the ALJ finds the impairment to be severe, then he should determine whether the claimant’s condition “meets or equals” an impairment listed as disabling in the regulations. Id. § 416.920(d). When such a correlation cannot be found, the claimant must demonstrate his inability to perform his past relevant work. Id. § 416.920(e). ... Once the claimant makes this showing, the burden shifts in step five of the analysis to the Administration to demonstrate that the claimant can do “other work” considering his age, education, past work experience, and residual functional capacity. Id. § 416.920(g).Read the full opinion on CourtListener →
Section 416.920 establishes a five-step sequential process for determining disability, including the requirements for substantial gainful activity, a severe impairment, listed impairments, inability to perform past work, and inability to perform other work.
Walton v. Astrue · filed 2009-10-06(b) (c) (d) (e) (g)
Under the Social Security Act, the Commissioner has established a five-step process for determining whether a person is disabled. 20 C.F.R. §§ 416.920, 404.1529. "`If a claimant fails to meet the criteria at any step in the evaluation of disability, the process ends and the claimant is determined to be not disabled.'" Goff v. Barnhart, 421 F.3d 785, 790 (8th Cir.2005) (quoting Eichelberger v. Barnhart, 390 F.3d 584, 590-91 (8th Cir.2004)). In this sequential analysis, the claimant first cannot be engaged in "substantial gainful activity" to qualify for disability benefits. 20 C.F.R. §§ 416.920(b), 404.1520(b). "Substantial gainful activity means the performance of substantial services with reasonable regularity either in [a] competitive [environment] or self-employment." Thomas v. Sullivan, 876 F.2d 666, 669 (8th Cir.1989) (internal citations omitted). For example, "[t]he ability to do light housework with assistance, attend church, or visit with friends on the phone does not qualify as the ability to do substantial gainful activity." Id. Second, the claimant must have a severe impairment. 20 C.F.R. §§ 416.920(c), 404.1520(c). The Social Security Act defines "severe impairment" as "any impairment or combination of impairments which significantly limits [claimant's] physical or mental ability to do basic work activities.. . ." Id. "The sequential evaluation process may be terminated at step two only when the claimant's impairment or combination of impairments would have no more than a minimal impact on [his or] her ability to work." Page v. Astrue, 484 F.3d 1040, 1043 (8th Cir.2007) (quoting Caviness v. Massanari, 250 F.3d 603, 605 (8th Cir. 2001) (citing Nguyen v. Chater, 75 F.3d 429, 430-31 (8th Cir.1996))). Third, the ALJ must determine whether the claimant has an impairment which meets or equals one of the impairments listed in the Regulations. 20 C.F.R. §§ 416.920(d), 404.1520(d); Part 404, Subpart P, Appendix 1. If the claimant has one of, or the medical equivalent of, these impairments, then the claimant is per se disabled without consideration of the claimant's age, education, or work history. Id. Fourth, the impairment must prevent claimant from doing past relevant work. 20 C.F.R. §§ 416.920(e), 404.1520(e). The burden rests with the claimant at this fourth step to establish his or her RFC. Eichelberger, 390 F.3d at 590-91; Masterson v. Barnhart, 363 F.3d 731, 737 (8th Cir.2004); Young v. Apfel, 221 F.3d 1065, 1069 n. 5 (8th Cir.2000). The ALJ will review a claimant's residual functional capacity and the physical and mental demands of the work the claimant has done in the past. 20 C.F.R. § 404.1520(f). Fifth, the severe impairment must prevent claimant from doing any other work. 20 C.F.R. §§ 416.920(g), 404.1520(g). At this fifth step of the sequential analysis, the Commissioner has the burden of production to produce evidence of other jobs in the national economy that can be performed by a person with the claimant's RFC. Young, 221 F.3d at 1069 n. 5. If the claimant meets these standards, the ALJ will find the claimant to be disabled.Read the full opinion on CourtListener →
Section 416.920 requires an ALJ to use a five-step sequential evaluation process to determine whether a claimant is disabled.
Santos v. Astrue · filed 2010-04-14
To determine whether an individual is disabled under the Act, an ALJ must utilize the five-step sequential evaluation process (the “Five Steps”) for the adjudication of disability claims contained in 20 C.F.R. § 416.920. ... Finally, if the claimant’s RFC does not enable him to perform his past work, the ALJ must consider “whether there is other work which the claimant could perform” (“Step Five”).Read the full opinion on CourtListener →
Section 416.920 requires disability determinations to proceed through five ordered steps and permits ending the analysis once a claimant is found disabled or not disabled; at step two, the claimant must show a severe medically determinable impairment meeting the duration requirement.
Corbin v. Dept. of Human Serv. · filed 2011-05-19(a)(4), (c)
To determine if an individual is disabled, and thus, eligible for benefits under 42 U.S.C. § 1382, the Hearing Officer must consider a five-step analysis. If the Hearing Officer finds that an applicant is disabled or not disabled at a step, he or she will not continue the analysis to the following step. 20 C.F.R. § 416.920(a)(4). ... Under the second step, the step at issue in this matter, the applicant must have a severe impairment.Id. § 416.920(c). If the applicant fails to show an impairment or combination of impairments "which significantly limits [his or her] physical or mental ability to do basic work activities, [the hearing officer] will find that [he or she] does not have a severe impairment and [is], therefore, not disabled." Id. This step is a "de minimis standard."Read the full opinion on CourtListener →
Section 416.920(a)(4) requires the Commissioner to stop the sequential disability evaluation once a finding of disabled or not disabled can be made at a step, and to proceed to the next step if no determination can yet be made.
Dwyer v. Astrue · filed 2011-07-14(a)(4)
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. § 416.920(a)(4). If the Commissioner cannot make such a determination, then he must continue to the next step. See id.Read the full opinion on CourtListener →
Section 416.920(a)(4) requires an ALJ to use a five-step sequential evaluation to decide whether a claimant is disabled.
Douglas v. Commissioner of Social Security · filed 2011-09-19(a)(4)
Administrative regulations require ALJs to employ a five-step sequential evaluation when resolving whether a DIB/SSI claimant is under a disability. See 20 C.F.R. § 416.920(a)(4). Although a dispositive finding at any step ends the ALJ’s review, Colvin v. Barnhart, 475 F.3d 727, 730 (6th Cir.2007), the complete sequential review answers five questions: 1. Has the claimant engaged in substantial gainful activity? 2. Does the claimant suffer from one or more severe impairments? 3. Do the claimant’s severe impairments, alone or in combination, meet or equal the criteria of an impairment set forth in the Commissioner’s Listing of Impairments (the Listings), 20 C.F.R. Subpart P, Appendix 1? 4. Considering the claimant’s residual functional capacity (“RFC”), can he or she perform their past relevant work? 5. Considering the claimant’s age, education, past work experience, and residual functional capacity, can he or she perform other work available in the national economy? See 20 C.F.R. § 416.920(a)(4); see also Colvin, 475 F.3d at 730; Foster v. Halter, 279 F.3d 348, 354 (6th Cir.2001).Read the full opinion on CourtListener →
Section 416.920 requires a five-step sequential analysis of a claimant’s disability, including evaluating severe impairment, listed impairments, residual functional capacity, and ability to perform other work.
Sastre v. Astrue · filed 2012-06-29
The Social Security Administration has promulgated a five-step sequential analysis to determine whether a claimant is disabled. See 20 C.F.R. § 416.920. The hearing officer must determine: (1) whether the claimant is engaged in substantial gainful activity; (2) whether the claimant has a severe impairment; (3) whether the impairment meets or medically equals an impairment listed under 20 C.F.R. Part 404, Subpart P, Appendix 1, and meets the duration requirement; (4) whether the claimant has the residual functional capacity to perform his past relevant work; and (5) whether the impairment prevents the claimant from doing any other work considering the claimant’s age, education, and work experience. Id.Read the full opinion on CourtListener →
Section 416.920 establishes a five-step sequential inquiry for disability determinations, with an affirmative answer advancing the inquiry or establishing disability at steps three and five.
Perez v. Astrue · filed 2012-07-03
The Social Security Regulations provide a five-step sequential inquiry to determine whether a plaintiff is disabled: 1) is the plaintiff currently unemployed; 2) does the plaintiff have a severe impairment; 3) does the plaintiff have an impairment that meets or equals one of the impairments listed as disabling in the Commissioner’s regulations; 4) is the plaintiff unable to perform his past relevant work; and 5) is the plaintiff unable to perform any other work in the national economy? 20 C.F.R. § 404.1520; Simila v. Astrue, 573 F.3d 503, 512-13 (7th Cir.2009); Briscoe ex rel. Taylor v. Barnhart, 425 F.3d 345, 351-52 (7th Cir.2005). An affirmative answer leads either to the next step or, on steps 3 and 5, to a finding that the claimant is disabled. 20 C.F.R. § 416.920; Briscoe, 425 F.3d at 352; Stein v. Sullivan, 892 F.2d 43, 44 (7th Cir.1990). 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; Stein, 892 F.2d at 44.Read the full opinion on CourtListener →
Section 416.920 establishes a sequential disability inquiry in which an affirmative answer generally advances the claimant to the next step, while an affirmative answer at steps three or five results in a finding of disability.
Thorps v. Astrue · filed 2012-07-09
An affirmative answer leads either to the next step or, on steps 3 and 5, to a finding that the plaintiff is disabled. 20 C.F.R. § 416.920; Briscoe, 425 F.3d at 352.Read the full opinion on CourtListener →
Section 416.920 requires disability claims to be evaluated through a five-step sequence, including determining at step five whether the claimant can perform other work considering residual functional and vocational capabilities.
Washington v. Astrue · filed 2010-03-17
The Social Security Regulations establish a sequential evaluation process to determine whether a claimant is disabled. See 20 C.F.R. §§ 404.1520, 416.920. Under this process, the ALJ must determine, 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 that severe impairment meets or equals an illness contained in 20 C.F.R. Part 4, Subpart P, Appendix 1, which warrants a finding of disability without considering vocational factors; (4) if not, whether the impairment prevents him or her from performing past relevant work; and (5) if so, whether the claimant is able to perform other work considering both his remaining physical and mental capabilities (defined as Residual Functional Capacity or “RFC”) and his vocational capabilities (age, education, and past work experience) to adjust to a new job. ... Because, as indicated by SSR 96-9p, upper extremity restrictions are so significant at the sedentary level, the court finds that the ALJ erred in relying on the grids to support his “not disabled” decision, rather than consulting the vocational expert.Read the full opinion on CourtListener →
Section 416.920 requires a five-step sequential evaluation process to determine whether a claimant is disabled.
Campbell v. Astrue · filed 2010-05-17
The Commissioner has established a five-step sequential evaluation process to determine whether an individual is disabled as defined under the Social Security Act. See 20 C.F.R. §§ 416.920, 404.1520. The United States Supreme Court recognized the validity of this analysis in Bowen v. Yuckert, 482 U.S. 137, 140-142, 107 S.Ct. 2287, 2291, 96 L.Ed.2d 119 (1987), and it remains the proper approach for analyzing whether a claimant is disabled.Read the full opinion on CourtListener →
Section 416.920(g) requires the Commissioner, at the final step of the disability evaluation, to assess the claimant's qualifications and determine whether jobs the claimant can perform exist in the national economy.
Brown v. Astrue · filed 2012-07-26(g)
The final step of the inquiry is, in turn, divided into two parts. First, the Commissioner must assess the claimant’s job qualifications by considering his or her physical ability, age, education, and work experience. Second, the Commissioner must determine whether jobs exist in the national economy that a person having the claimant’s qualifications could perform. See 42 U.S.C. § 423(d)(2)(A); 20 C.F.R. §§ 416.920(g); 404.1520(g); Heckler v. Campbell, 461 U.S. 458, 460, 108 S.Ct. 1952, 76 L.Ed.2d 66 (1983).Read the full opinion on CourtListener →
Section 416.920 requires a five-step sequential evaluation of SSI disability claims, including proof at step one that the claimant is not engaged in substantial gainful activity and at step four that the impairment prevents past relevant work based on residual functional capacity.
Porter v. Astrue · filed 2013-06-28(a)(4)(i), (a)(4)(iv)
First, the claimant must show that she is not presently engaged in a “substantial gainful activity.” 20 C.F.R. § 416.920(a)(4)(i). ... Fourth, the claimant must show, based on the RFC, that her impairment prevents her from performing her “past relevant work.” 20 C.F.R. § 416.920(a)(4)(iv).Read the full opinion on CourtListener →
Section 416.920(a)(4) requires an ALJ to use a five-step sequential evaluation of disability claims and stop the evaluation once a determination is made at any step.
Piatt v. Colvin · filed 2015-01-22(a)(4)
In making the disability determination, the ALJ follows a five-step sequential analysis. If the ALJ makes a determination at any step, the evaluation will not continue to the next step. 20 C.F.R. § 416.920(a)(4).Read the full opinion on CourtListener →
Section 416.920(a)(4) requires disability claims to be evaluated in a five-step sequence, stopping when a determination is made at a step.
Miller v. Colvin · filed 2015-02-12(a)(4)
In making the disability determination, the ALJ follows a five-step sequential analysis. If the ALJ makes a determination at any step, the evaluation will not continue to the next step. 20 C.F.R. § 416.920(a)(4). The following five steps are followed: ... 5. If the claimant is unable to perform his or her past work, the Commissioner then determines whether there is other work which the claimant could perform. The Commissioner bears the burden of proof on this last step, while the claimant has the burden on the first four steps.Read the full opinion on CourtListener →
Section 416.920(a)(4) requires disability determinations to proceed through a five-step sequential analysis and stop when a determination is made at any step.
Casselbury v. Colvin · filed 2015-03-13(a)(4)
In making the disability determination, the ALJ follows a five-step sequential analysis. If the ALJ makes a determination at any step, the evaluation will not continue to the next step. 20 C.F.R. § 416.920(a)(4).Read the full opinion on CourtListener →
Section 416.920(a)(4) requires disability claims to be evaluated through a five-step sequential process, which may end at any step.
Patterson v. Colvin · filed 2015-03-26(a)(4)
When considering applications, the Commissioner employs a five-step process to determine if an individual is disabled within the meaning of the Social Security Act. Seavey, 276 F.3d at 5 (citing 20 C.F.R. § 416.920(a)(4)). All five steps are not applied to every applicant, as the determination may be concluded at any step along the process. Id.Read the full opinion on CourtListener →
Section 416.920(a)(4) requires disability determinations to proceed through a five-step sequential analysis, ending when a determination is made at a step.
Greek v. Colvin · filed 2014-08-14(a)(4)
In making the disability determination, the ALJ follows a five-step sequential analysis. If the ALJ makes a determination at any step, the evaluation will not continue to the next step. 20 C.F.R. § 416.920(a)(4).Read the full opinion on CourtListener →
Section 416.920(a)(4) requires disability claims to be evaluated through a five-step sequence, with the evaluation ending when a determination is made at a step.
Wells v. Colvin · filed 2015-02-24(a)(4)
In making the disability determination, the ALJ follows a five-step sequential analysis. If the ALJ makes a determination at any step, the evaluation will not continue to the next step. 20 C.F.R. § 416.920(a)(4).Read the full opinion on CourtListener →
Section 416.920(a)(4) requires disability determinations to proceed through a five-step sequential analysis, stopping when a determination is made at a step.
Williams v. Colvin · filed 2015-04-10(a)(4)
In making the disability determination, the ALJ follows a five-step sequential analysis. If the ALJ makes a determination at any step, the evaluation will not continue to the next step. 20 C.F.R. § 416.920(a)(4).Read the full opinion on CourtListener →
Section 416.920(a)(4) requires disability claims to be evaluated through a five-step sequential process, stopping when a determination is made at any step.
Camille v. Colvin · filed 2015-05-19(a)(4)
In making the disability determination, the ALJ follows a five-step sequential analysis. If the ALJ makes a determination at any step, the evaluation will not continue to the next step. 20 C.F.R. § 416.920(a)(4).Read the full opinion on CourtListener →
Section 416.920(a)(4) requires disability determinations to proceed through a five-step sequential evaluation, including assessing whether the claimant can perform past relevant work in light of the claimant’s residual functional capacity.
Singleton v. Commissioner of Social Security · filed 2015-06-08(a)(4)
Administrative regulations require a five-step sequential evaluation for disability determinations. 20 C.F.R. § 416.920(a)(4).Read the full opinion on CourtListener →
Section 416.920(a)(4) requires disability claims to be evaluated through a five-step sequential analysis, stopping when a determination is made at a step.
Scholtisek v. Colvin · filed 2015-06-22(a)(4)
In making the disability determination, the ALJ follows a five-step sequential analysis. If the ALJ makes a determination at any step, the evaluation will not continue to the next step. 20 C.F.R. § 416.920(a)(4).Read the full opinion on CourtListener →
Section 416.920(a)(4) requires disability determinations to proceed through a five-step sequential evaluation, with a dispositive finding at any step ending the ALJ’s review.
Morrison v. Commissioner of Social Security · filed 2015-06-26(a)(4)
Administrative regulations require a five-step sequential evaluation for disability determinations. 20 C.F.R. § 416.920(a)(4). ... Having carefully reviewed the administrative record and the parties’ briefs, and also having carefully considered the ALJ’s analysis leading to the non-disability finding here at issue, the Court finds that the ALJ properly determined that Plaintiffs impairments do not meet or equal Listing § 12.05. Thus, as more fully explained herein, the Court finds the ALJ’s decision supported by substantial evidence.Read the full opinion on CourtListener →
Section 416.920(a)(4) requires disability claims to be evaluated through a five-step sequential process, stopping when a determination is made at a step.
Slattery v. Colvin · filed 2015-06-29(a)(4)
In making the disability determination, the ALJ follows a five-step sequential analysis. If the ALJ makes a determination at any step, the evaluation will not continue to the next step. 20 C.F.R. § 416.920(a)(4).Read the full opinion on CourtListener →
Section 416.920(a)(4) requires disability claims to be evaluated through a five-step sequential analysis, ending when a determination is made at a step.
Rice v. Commissioner of Social Security · filed 2015-07-21(a)(4)
In making the disability determination, the ALJ follows a five-step sequential analysis. If the ALJ makes a determination at any step, the evaluation will not continue to the next step. 20 C.F.R. § 416.920(a)(4).Read the full opinion on CourtListener →
Section 416.920(a)(4) requires an ALJ evaluating SSI disability to use a five-step process addressing work activity, severe impairment, listed impairments, past relevant work, and other work in the national economy.
Perez v. Commissioner of Social Security · filed 2015-08-27(a)(4)
In evaluating whether a claimant is “disabled” for purposes of SSI, an ALJ uses a five-step process and analyzes whether the individual (1) is performing substantial gainful activity, (2) has a severe impairment or combination of impairments (3) that meets or equals an impairment listed in 20 C.F.R. Part 404, Subpart P, Appendix 1, (4) can perform her past relevant work, and (5) based on her age, education, and work experience, can perform other work of the sort found in the national economy. 20 C.F.R. § 416.920(a)(4); McDaniel v. Bowen, 800 F.2d 1026, 1030 (11th Cir. 1986).Read the full opinion on CourtListener →
Section 416.920 requires a five-step sequential evaluation of disability, ending the process with a finding of not disabled if the claimant fails to meet the criteria at any step.
White v. Colvin · filed 2015-09-08(b), (c), (d), and (g)
Under the Social Security Act, the Commissioner has established a five-step process for determining whether a person is disabled. 20 C.F.R. §§ 416.920, 404.1529. “ ‘If a claimant fails to meet the criteria at any step in the evaluation of disability, the process ends and the claimant is determined to be not disabled.’” ... In this sequential analysis, ‘ the claimant first cannot be engaged in “substantial gainful activity” to qualify for disability benefits. 20 C.F.R. §§ 416.920(b), 404.1520(b). Second, the claimant must have a severe impairment. 20 C.F.R. §§ 416.920(c), 404.1520(c). ... Third, the ALJ must determine'whether the claimant has an impairment which meets or equals one of the impairments listed in the Regulations. 20 C.F.R. §§ 416.920(d), 404.1520(d); pt. 404, sub’pt. P, app. 1. ... Fifth, the severe impairment must prevent the claimant from doing any other work. 20 C.F.R. §§ 416.920(g), 404.1520(g). ... If the claimant meets these standards, the ALJ will find the claimant to be disabled.Read the full opinion on CourtListener →
Section 416.920 requires a five-step sequential evaluation of disability claims: substantial gainful activity, severe impairment, listed impairment, past relevant work, and other work in the national economy.
Ford v. Commissioner of Social Security · filed 2015-09-28(a)(4)
Administrative regulations require a five-step sequential evaluation for disability determinations. 20 C.F.R. § 416.920.Read the full opinion on CourtListener →
Section 416.920(a)(4) requires a five-step sequential evaluation to determine disability, considering work activity, severe impairments, listed impairments, past relevant work, and other work in the national economy.
Kent v. Commissioner of Social Security · filed 2015-09-29(a)(4)
Administrative regulations require a fívé-step sequential evaluation for disability- ' determinations. ... The Commissioner’s regulations governing the evaluation of disability for DIB and SSI are identical.. .and are found at 20 C.F.R. § 404.1520, and 20 C.F.R. § 416.920 respectively.”Read the full opinion on CourtListener →
Section 416.920(a)(4) requires disability determinations to proceed through a five-step sequential evaluation addressing substantial gainful activity, severe impairments, listed impairments, past relevant work, and other work in the national economy.
Wert v. Commissioner of Social Security · filed 2016-02-26(a)(4)
Administrative regulations require a five-step sequential evaluation for disability determinations. 20 C.F.R. § 416.920(a)(4). Although a dispositive finding at any step ends the ALJ’s review, see Colvin v. Barnhart, 475 F.3d 727, 730 (6th Cir.2007), the complete sequential review poses five questions: 1. Has the claimant engaged in substantial gainful activity? ... 5. Assuming the claimant can no longer perform his or her past relevant work — and also considering the claimant’s age, education, past work experience, and RFC — do significant numbers of other jobs exist in the national economy which the claimant can perform? 20 C.F.R. § 416.920(a)(4); see also Miller v. Comm’r of Soc. Sec., 181 F.Supp.2d 816, 818 (S.D.Ohio 2001).Read the full opinion on CourtListener →
Section 416.920 requires a five-step sequential disability analysis, ending with the Commissioner determining whether a claimant can adjust to other available work and proving that qualifying work exists in significant numbers.
Roache v. Colvin · filed 2016-03-21(a)(4)
In determining whether a person is disabled, the Commissioner is required to perform a five-step sequential analysis. See 20 C.F.R. § 416.920; Russo v. Astrue, 421 Fed.Appx. 184, 188 (3d Cir.2011). 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. See 20 C.F.R. § 416.920(a)(4). ... At step four, the Commissioner determines whether the claimant retains the residual functional capacity (“RFC”) to perform her past relevant work. See 20 C.F.R. § 416.920(a)(4)(iv) (stating claimant is not disabled if able to return to past relevant work). ... If the claimant is unable to return to her past relevant work, step five requires the Commissioner to determine whether the claimant’s impairments preclude her from adjusting to any other available work. See 20 C.F.R. § 416.920(a)(4)(v) (mandating finding of non-disability when claimant can adjust to other work); Plummer, 186 F.3d at 428. At this last step, the burden is on the Commissioner to show that the claimant is capable of performing other available work before denying disability benefits. See id. at 428. In other words, the Commissioner must prove 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 [RFC].” Id. In making this determination, the ALJ must analyze the cumulative effect of all of the claimant’s impairments. See id. At this step, the ALJ often seeks the assistance of a vocational expert. See id.Read the full opinion on CourtListener →
Section 416.920 directs the Social Security Administration to evaluate disability claims using a five-step sequential framework, with the claimant bearing the burden through step four and the Commissioner at step five.
Romero v. Colvin · filed 2016-03-29
The Social Security Administration uses a five-step framework to determine whether a claimant meets the necessary conditions to receive Social Security benefits. See 20 C.F.R. § 416.920.Read the full opinion on CourtListener →
Section 416.920 requires an ALJ to use a five-step sequential process to decide whether a claimant is disabled for SSI eligibility.
Hatch v SSA · filed 2016-08-05
To decide whether a claimant is disabled for the purpose of determining eligibility for SSI benefits, an ALJ must employ a five-step process. See 20 C.F.R. § 416.920. The steps are: 1) if the [claimant] is engaged in substantial gainful work activity, the application is denied; 2) if the [claimant] does not have, or has not had within the relevant time period, a severe impairment or combination of impairments, the application is denied; 3) if the impairment meets the conditions for one of the “listed” impairments in the Social Security regulations, then the application is granted; 4) if the [claimant’s] “residual functional capacity” is such that he or she can still perform past relevant work, then the application is denied; 5) if the [claimant], given his or her residual functional capacity, education, work experience, and age, is unable to do any other work, the application is granted.Read the full opinion on CourtListener →
Section 416.920(a)(4) requires an ALJ to evaluate disability claims using a five-step sequential analysis, stopping when a determination is made at a step.
Hanchett v. Colvin · filed 2016-07-29(a)(4)
In making the disability determination, the ALJ follows a five-step sequential analysis. If the ALJ makes a determination at any step, the evaluation will not continue to the next step. 20 C.F.R. § 416.920(a)(4).Read the full opinion on CourtListener →
Section 416.920(a) requires the Commissioner to evaluate disability through five sequential steps: current work, severe impairment, listed impairment, past relevant work, and other work.
Frias v. Commissioner of Social Security · filed 2016-12-13(a)(1), (a)(4)
In determining whether an individual is disabled, the Commissioner applies a “five-step sequential evaluation process” enumerated in the Act’s implementing regulations (the “Regulations”). 20 C.F.R. § 416.920(a)(1). ... The first step of this process requires the Secretary to determine whether the claimant is presently employed. If the claimant is not employed, the Secretary then determines whether the claimant has a “severe impairment” that limits her capacity to work. If the claimant has such an impairment, the Secretary 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 Secretary will find the claimant disabled. However, if the claimant does not have a listed impairment, the Secretary must determine, under the fourth step, whether the claimant possesses the residual functional capacity to perform her past relevant work. Finally, if the claimant is unable to perform her past relevant work, the Secretary determines whether the claimant is capable of performing any other work.Read the full opinion on CourtListener →
Section 416.920(a)(4) requires disability claims to be evaluated through a five-step sequence, including consideration at step five of whether the claimant can adjust to other work based on residual functional capacity, age, education, and work experience.
Mills v. N.C. Dep't of Health & Human Servs. · filed 2016-12-20(a)(4)
The following five-step sequential evaluation process is used to determine whether a claimant is disabled: ... (v) At the fifth and last step, we consider our assessment of your residual functional capacity and your age, education, and work experience to see if you can make an adjustment to other work. If you can make an adjustment to other work, we will find that you are not disabled. If you cannot make an adjustment to other work, we will find that you are disabled. . . . 20 C.F.R. § 416.920(a)(4) (2016).Read the full opinion on CourtListener →
Section 416.920(a)(4) sets out a five-step sequential evaluation of disability claims, ending with whether the claimant can perform other work.
Staymate v. Commissioner of Social Security · filed 2017-03-07(a)(4)
The Commissioner has established a five-step sequential evaluation process to determine whether a claimant is entitled to social security benefits: (1) whether the claimant is engaged in substantial gainful activity; (2) whether the claimant suffers from a severe medical impairment; (3) whether the severe impairment meets or equals the severity and durational requirements of the Social Security Regulations; (4) whether the claimant has the RFC to do any relevant past work; and (5) whether the claimant can perform any other work. See 20 C.F.R. § 416.920(a)(4).Read the full opinion on CourtListener →
Section 416.920(a) requires an ALJ to determine disability through five sequential steps: substantial gainful activity, severe impairment, listed impairment, residual functional capacity and past relevant work, and adjustment to other work.
Irish v. Nancy A. Berryhill, Acting Commissioner, Social Security Administration · filed 2017-06-06(a)
In determining whether a claimant is disabled, the ALJ follows a five-step sequential analysis. 20 C.F.R. § 416.920. The steps are (1) determining whether the claimant is engaged in substantial gainful activity; (2) determining whether she has a severe impairment; (3) determining whether the impairment meets or equals a listed impairment; (4) assessing the claimant’s residual functional capacity and her ability to do past relevant work; and (5) determining whether the claimant can make an adjustment to other work. § 416.920(a).Read the full opinion on CourtListener →
Section 416.920(a)(4) requires a five-step sequential evaluation of disability claims; at the final step, the fact finder considers the claimant’s age, education, work experience, and residual functional capacity in determining the ability to perform other work.
Gilbert v. Social Security Administration Commissioner · filed 2017-12-11(a)(4) and (a)(4)(v)
The Commissioner’s regulations require her to apply a five-step sequential evaluation process to each claim for disability benefits: (1) whether the claimant has engaged in substantial gainful activity since filing her claim; (2) whether the claimant has a severe physical and/or mental impairment or combination of impairments; (3) whether the impairment(s) meet or equal an impairment in the listings; (4) whether the impairment(s) prevent the claimant from doing past relevant work; and, (5) whether the claimant is able to perform other work in the national economy given her age, education, and experience. 20 C.F.R. § 416.920(a)(4). Only if he reaches the final stage does the fact finder consider the Plaintiff’s age, education, and work experience in light of her residual functional capacity. See McCoy v. Schweiker, 683 F.2d 1138, 1141-42 (8th Cir. 1982), abrogated on other grounds by Higgins v. Apfel, 222 F.3d 504, 505 (8th Cir. 2000); 20 C.F.R. § 416.920(a)(4)(v).Read the full opinion on CourtListener →
Section 416.920(a)(4)(v) provides that a claimant who cannot return to past relevant work is not disabled if she can adjust to other work existing in significant numbers in the national economy.
Suzie Miller v. Commissioner Social Security · filed 2017-12-26(a)(4)(v)
To determine whether a social-security claimant is disabled, an ALJ must consider, in sequence, whether the claimant: (1) is working, (2) has a severe impairment, (3) has an impairment that meets or medically equals the severity of a listed impairment, (4) can return to her past relevant work, and (5) if not, whether she can perform other work in the national economy. 20 C.F.R. § 416.920(a)(4). ... So, the VE’s testimony was sufficient to support the ALJ’s determination. See 20 C.F.R. §§ 416.920(a)(4)(v), 416.966(b) (explaining that a claimant will not be found disabled if she can make an adjustment to other work existing in the national economy).Read the full opinion on CourtListener →
Section 416.920(a)(4) requires the ALJ to use a five-step sequential evaluation, including determining at step five whether the claimant can perform other work in the national economy.
Wisell v. SSA · filed 2018-04-03(a)(4)
The SSA regulations contain a five-step sequential process the ALJ must use in deciding whether a claimant is disabled under this statute. See 20 C.F.R. §§ 404.1520 & 416.920.1 The first step requires a finding that claimant has not been working; the second requires a finding that the claimant has a severe impairment; the third inquires whether the impairment is listed in the Appendix 1 regulations,2 and if it is not, then the ALJ must proceed to answer the fourth and fifth steps, which are “vocational tests.” § 404.1520. ... The fifth requires that there be no other work in the national economy that claimant could perform. 20 C.F.R. § 416.920(a)(4).Read the full opinion on CourtListener →
Section 416.920(a)(4) requires the Commissioner to evaluate disability claims through five sequential steps, with the claimant bearing the burden through the first four and the Commissioner deciding at the final step whether the claimant can perform other work.
Colbert v. Comm'r of Soc. Sec. · filed 2018-06-19(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. See 20 C.F.R. § 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." Id. § 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. § 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. § 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. § 416.920(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 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. § 416.920(a)(4)(iv). If the claimant is able to do such work, he or she is not disabled. Id. 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. § 416.920(a)(4)(v). If the claimant cannot perform other work, he or she will be deemed disabled. Id. 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. See Poupore v. Astrue, 566 F.3d 303, 306 (2d Cir. 2009) (per curiam).Read the full opinion on CourtListener →
Section 416.920 requires disability claims to be evaluated through five sequential steps, including a severity screen at step two before the later vocational steps.
Simmons v. Social Security Administration Commissioner · filed 2018-06-20
The Commissioner’s regulations require her to apply a five-step sequential evaluation process to each claim for disability benefits: (1) whether the claimant has engaged in substantial gainful activity since filing her claim; (2) whether the claimant has a severe physical and/or mental impairment or combination of impairments; (3) whether the impairment(s) meet or equal an impairment in the listings; (4) whether the impairment(s) prevent the claimant from doing past relevant work; and (5) whether the claimant is able to perform other work in the national economy given her age, education, and experience.Read the full opinion on CourtListener →
Section 416.920(a)(4) permits the disability determination to conclude at any step of the five-step sequential analysis.
Kelley v. Colvin · filed 2018-09-10(a)(4)
The Commissioner follows a five-step sequential analysis to determine whether a claimant is disabled and thus whether the application for Social Security benefits should be approved. 20 C.F.R. § 416.920(a); see Seavey v. Barnhart, 276 F.3d 1, 5 (1st Cir. 2001). The determination may be concluded at any step of the analysis. 20 C.F.R. § 416.920(a)(4).Read the full opinion on CourtListener →
Section 416.920 establishes a mandatory five-step sequential process for deciding disability claims: the claimant bears the burden through step four, and the Commissioner must show at step five that significant qualifying jobs exist in the national economy.
Burns v. Commissioner of the Social Security Administration · filed 2018-10-11
Social Security law establishes a mandatory five step process for determining whether an applicant is disabled and entitled to SSI benefits. Smith v. Shalala, 987 F.2d 1371, 1373 (8th Cir. 1993); and 20 C.F.R. § 416.920, The five step sequential evaluation process may be summarized as follows: ... (5) if the claimant cannot perform the past work, the burden shifts to the Commissioner to prove there are other jobs in the national economy the claimant can perform. Baker v. Apfel, 159 F.3d 1140, 1143-44 (8th Cir. 1998). The plaintiff bears the burden of proof for steps one through four of the five step inquiry, while the Commissioner bears the burden of showing, at step five, that “jobs exist in significant numbers which a person with the claimant’s residual functional capacity can perform.” Sultan v, Barnhart, 368 F.3d 857, 864 (8th Cir. 2004); Mittlestedt, 204 F.3d at 852.Read the full opinion on CourtListener →
Section 416.920 requires an ALJ to evaluate an SSI disability claim through a five-step sequential process addressing work activity, impairment severity, listed impairments, past work, and other work.
Baillargeon v. Berryhill · filed 2019-01-15
To decide whether a claimant is disabled for the purpose of determining eligibility for either DIB or SSI, an ALJ is required to employ a five-step sequential evaluation process. See 20 C.F.R. §§ 404.1520 (DIB) & 416.920 (SSI). ... The steps are: 1) if the [claimant] is engaged in substantial gainful work activity, the application is denied; 2) if the [claimant] does not have, or has not had within the relevant time period, a severe impairment or combination of impairments, the application is denied; 3) if the impairment meets the conditions for one of the "listed" impairments in the Social Security regulations, then the application is granted; 4) if the [claimant's] "residual functional capacity" is such that he or she can still perform past relevant work, then the application is denied; 5) if the [claimant], given his or her residual functional capacity, education, work experience, and age, is unable to do any other work, the application is granted.Read the full opinion on CourtListener →
Section 416.920 requires disability claims to be evaluated through a five-step sequential process, including consideration at the fifth step of residual functional capacity, age, education, and past work experience to determine whether the claimant can perform other work.
Prim v. Berryhill · filed 2019-02-12(b), (d), (f), (g)
In determining whether a claimant has met her burden of proving disability, the Commissioner follows a five-step sequential evaluation process. See 20 C.F.R. § 416.920. At step one, if a claimant is performing substantial gainful activity, she is not disabled. 20 C.F.R. § 416.920(b). At the second step, if a claimant does not have an impairment or combination of impairments that significantly limits her physical or mental ability to do basic work activities (that is, a severe impairment), she is not disabled. 20 C.F.R. § 416.920(c). At step three, if a claimant proves that her impairments meet or medically equal one of the listed impairments set forth in Appendix 1 to Subpart P of Part 404, the claimant will be considered disabled without consideration of age, education and work experience. 20 C.F.R. § 416.920(d). At the fourth step, if the claimant is unable to prove the existence of a listed impairment, she must prove that her physical and/or mental impairments prevent her from performing any past relevant work. 20 C.F.R. § 416.920(f). And at the fifth step, the Commissioner must consider the claimant’s residual functional capacity, age, education, and past work experience to determine whether the claimant can perform other work besides past relevant work. 20 C.F.R. § 416.920(g).Read the full opinion on CourtListener →
Section 416.920 requires disability claims to be evaluated through a five-step sequential process, including a final step assessing whether the claimant can perform other work in the national economy.
MORALES v. COMMISSIONER OF SOCIAL SECURITY · filed 2019-06-27
The Commissioner has promulgated regulations5 for determining disability that require application of a five-step sequential analysis. See 20 C.F.R. § 416.920. This five-step process is summarized as follows: ... 5. Finally, the Commissioner will consider the claimant’s ability to perform work (“residual functional capacity”), age, education, and past work experience to determine whether or not he is capable of performing other work which exists in the national economy. If he is incapable, he will be found “disabled.” If he is capable, he will be found “not disabled.”Read the full opinion on CourtListener →
Section 416.920 requires an ALJ to use a five-step sequential process to determine whether a claimant is disabled, considering work activity, impairment severity, listed impairments, past relevant work, and other work.
Roman v. US Social Security Administration, Acting Commissioner · filed 2019-07-19
To decide whether a claimant is disabled for the purpose of determining eligibility for either DIB or SSI, an ALJ is required to employ a five-step sequential evaluation process. See 20 C.F.R. §§ 404.1520 (DIB) & 416.920 (SSI). The steps are: 1) if the [claimant] is engaged in substantial gainful work activity, the application is denied; 2) if the [claimant] does not have, or has not had within the relevant time period, a severe impairment or combination of impairments, the application is denied; 3) if the impairment meets the conditions for one of the “listed” impairments in the Social Security regulations, then the application is granted; 4) if the [claimant’s] “residual functional capacity” is such that he or she can still perform past relevant work, then the application is denied; 5) if the [claimant], given his or her residual functional capacity, education, work experience, and age, is unable to do any other work, the application is granted. Purdy, 887 F.3d at 10 (quoting Seavey v. Barnhart, 276 F.3d 1, 5 (1st Cir. 2001); citing 20 C.F.R. § 416.920).Read the full opinion on CourtListener →
Section 416.920 requires disability claims for supplemental security income to be evaluated through a five-step sequential process: current substantial gainful activity, severe impairment, listed impairment, past work, and other work.
Pierce v. Commissioner of Social Security · filed 2019-08-16
The Social Security regulations contain a five-step test to ascertain whether the claimant has established a disability. 20 C.F.R. § 416.920. These steps require the Court to sequentially determine: 1. Whether the claimant is currently engaged in substantial gainful activity; 2. Whether the claimant has a medically severe impairment; 3. Whether the claimant’s impairment meets or equals one listed in the regulations; 4. Whether the claimant can still perform relevant past work; and 5. Whether the claimant can perform other work in the community.Read the full opinion on CourtListener →
Section 416.920(a)(4) requires SSI disability claims to be evaluated through a five-step sequence, and at step five the ALJ must obtain vocational-expert testimony when non-exertional limitations make the Medical-Vocational Guidelines inadequate.
(SS) Mendoza v. Commissioner of Social Security · filed 2019-09-04(a)(4)
The Commissioner may apply the Grids in lieu of taking the testimony of a vocational expert only when the Grids accurately and completely describe the claimant’s abilities and limitations. ... In cases where the Grids are not fully applicable, the ALJ may meet his burden under step five of the sequential analysis by propounding to a vocational expert hypothetical questions based on medical assumptions, supported by substantial evidence, that reflect all the plaintiff’s limitations. ... Specifically, where the Grids are inapplicable because plaintiff has sufficient non-exertional limitations, the ALJ is required to obtain vocational expert testimony. ... In view of SSR 85-15 and Terrill (and the case authority cited therein), the Court concludes that the Grids do not provide an adequate basis for the ALJ to conclude that Plaintiff is not disabled. ... As a result, the case will be remanded so that the ALJ can address these limitations and take the testimony of a VE.Read the full opinion on CourtListener →
Section 416.920(a) establishes a five-step sequential process for the Commissioner to use in evaluating whether a Social Security claimant is disabled.
Dick v. Berryhill · filed 2019-09-16(a)
A five-step process, known as “sequential” review, is used by the Commissioner in determining whether a Social Security claimant is disabled. The Commissioner evaluates a disability claim pursuant to the following five-step analysis: a. An individual who is working and engaging in substantial gainful activity will not be found to be “disabled” regardless of medical findings; b. An individual who does not have a “severe impairment” will not be found to be disabled; c. If an individual is not working and is suffering from a severe impairment that meets the durational requirement and that “meets or equals a listed impairment in Appendix 1” of Subpart P of Regulations No. 4, a finding of “disabled” will be made without consideration of vocational factors; d. If, upon determining residual functional capacity, the Commissioner finds that an individual is capable of performing work he or she has done in the past, a finding of “not disabled” must be made; e. If an individual's residual functional capacity precludes the performance of past work, other factors including age, education, and past work experience, must be considered to determine if other work can be performed. 20 C.F.R. § 416.920(a)-(f).Read the full opinion on CourtListener →
Section 416.920 establishes a five-step sequential process for deciding whether an individual is disabled, including consideration of substantial gainful activity, severity, listed impairments, past work, and other work in the national economy.
Reyna v. Commissioner of Social Security · filed 2019-09-16
The Commissioner has established a five-step evaluation process to determine whether an individual is disabled as defined by the Social Security Act. See 20 C.F.R. § 416.920. ... The five-step process is as follows: (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) based on a ‘residual functional capacity’ assessment, whether the claimant can perform any of his or 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 residual functional capacity, age, education, and work experience.Read the full opinion on CourtListener →
Section 416.920(a)(4) prescribes a five-step sequential process for determining whether a claimant is disabled, covering substantial gainful activity, severe impairment, listed impairments, past relevant work, and other work.
Carter v. Commissioner of Social Security · filed 2019-08-19(a)(4)
To determine whether a claimant is disabled, the Regulations prescribe “a five-step, sequential evaluation process.” Carter v. Comm’r of Soc. Sec., 726 F. App’x 737, 739 (11th Cir. 2018) (citing 20 C.F.R. § 404.1520(a)(4)); 20 C.F.R. § 416.920(a)(4).4 Under this process, an ALJ must determine whether the claimant: (1) is performing substantial gainful activity; (2) has a severe impairment; (3) has a severe impairment that meets or equals an impairment specifically listed in 20 C.F.R. Part 404, Subpart P, Appendix 1; (4) has the RFC to perform past relevant work; and (5) can perform other work in the national economy given his RFC, age, education, and work experience.Read the full opinion on CourtListener →
Section 416.920(a)(1) provides for determining disability through a five-step sequential evaluation process.
POHL v. COMMISSIONER OF SOCIAL SECURITY · filed 2019-08-19(a)(1)
Regulations promulgated under the Social Security Act establish a five-step process for determining whether a claimant is disabled. 20 C.F.R. § 404.1520(a); 20 C.F.R. § 416.920(a)(1).Read the full opinion on CourtListener →
Section 416.920 requires a five-step sequential evaluation to determine whether a claimant is eligible for SSI benefits.
Crawford v. Saul · filed 2019-09-17
The ALJ properly applied the five-step sequential evaluation to determine whether Crawford was eligible for SSI benefits. See 20 C.F.R. § 416.920.Read the full opinion on CourtListener →
Section 416.920 requires disability claims to be evaluated through a five-step sequence covering substantial gainful activity, severe impairment, listed impairments, past relevant work, and other work based on residual functional capacity and vocational factors.
Huskey v. SSA · filed 2019-09-30
A five-step sequential evaluation process is used to determine whether a claimant is disabled. 20 C.F.R. § 404.1520; 20 C.F.R. § 416.920. In summary, the five-step sequential evaluation process is as follows: The first step is to determine whether the claimant is engaged in significant gainful activity. 20 C.F.R. § 416.920(b). If not, the second step is to determine whether the claimant has a severe impairment, which is “any impairment or combination of impairments which significantly limits your physical or mental ability to do basic work activities.” § 416.920(c). If there is a severe impairment, the third step is to determine whether the impairment meets or exceeds the criteria of one of the listed impairments in Appendix 1. § 416.920(d). If the claimant does not satisfy one of the listings, the [fourth step] is to determine whether the claimant's impairment prevents him from performing his past relevant work. § 416.920(e). If it does not, the claimant is found not disabled. [At the fifth step,] [i]f the impairment prevents a return to former work, the claimant's residual functional capacity must be determined, id., and it is then considered in conjunction with the claimant's age, work experience and education in order to ascertain whether the impairment or combination of impairments prevents the claimant from doing other work. § 416.920(f); see also Subpart P, Appendix 2, Tables 1–3.Read the full opinion on CourtListener →
Section 416.920 requires an ALJ deciding SSI disability eligibility to use a five-step sequential evaluation process.
Plourde v. US Social Security Administration, Commissioner · filed 2019-09-30
To decide whether a claimant is disabled for the purpose of determining eligibility for SSI, an ALJ is required to employ a five-step sequential evaluation process. See 20 C.F.R. § 416.920. The steps are: 1) if the [claimant] is engaged in substantial gainful work activity, the application is denied; 2) if the [claimant] does not have, or has not had within the relevant time period, a severe impairment or combination of impairments, the application is denied; 3) if the impairment meets the conditions for one of the “listed” impairments in the Social Security regulations, then the application is granted; 4) if the [claimant’s] “residual functional capacity” is such that he or she can still perform past relevant work, then the application is denied; 5) if the [claimant], given his or her residual functional capacity, education, work experience, and age, is unable to do any other work, the application is granted.Read the full opinion on CourtListener →
Section 416.920 requires an ALJ evaluating SSI disability eligibility to use a five-step sequential evaluation process.
Mosconas v. Andrew Saul, Commissioner, Social Security Administration · filed 2019-10-07
To decide whether a claimant is disabled for the purpose of determining eligibility for SSI, an ALJ is required to employ a five-step sequential evaluation process.Read the full opinion on CourtListener →
Section 416.920 requires an ALJ deciding whether a claimant is disabled for SSI to use a five-step sequential evaluation process.
Mosconas v. US Social Security Administration, Acting Commissioner · filed 2019-10-07
To decide whether a claimant is disabled for the purpose of determining eligibility for SSI, an ALJ is required to employ a five-step sequential evaluation process. See 20 C.F.R. § 416.920.Read the full opinion on CourtListener →
Section 416.920 requires an ALJ to use a five-step sequential evaluation process to determine whether an SSI claimant is disabled, considering work activity, impairment severity, listed impairments, past relevant work, and other work.
Liberi v. Andrew Saul, Commissioner, Social Security Administration · filed 2019-12-02
An ALJ employs a five-step sequential evaluation process when determining whether a claimant is disabled in the context of DIB and SSI eligibility. See 20 C.F.R. §§ 404.1520 (applying to DIB eligibility), 416.920 (applying to SSI eligibility). The five steps are: 1) if the [claimant] is engaged in substantial gainful work activity, the application is denied; 2) if the [claimant] does not have, or has not had within the relevant time period, a severe impairment or combination of impairments, the application is denied; 3) if the impairment meets the conditions for one of the “listed” impairments in the Social Security regulations, then the application is granted; 4) if the [claimant’s RFC] is such that he or she can still perform past relevant work, then the application is denied; 5) if the [claimant], given his or her [RFC], education, work experience, and age, is unable to do any other work, the application is granted. Purdy, 887 F.3d at 10; accord 20 C.F.R. § 416.920.Read the full opinion on CourtListener →
Section 416.920 establishes a five-step sequential process for determining disability: substantial gainful activity, severe impairment, the listings, past relevant work, and other work in the national economy.
Jones v. Commissioner of Social Security · filed 2019-12-16
The Commissioner has established a five-step evaluation process to determine whether an individual is disabled as defined by the Social Security Act. See 20 C.F.R. § 416.920. The Supreme Court has recognized the validity of this sequential evaluation process. See Bowen v. Yuckert, 482 U.S. 137, 140-42, 107 S. Ct. 2287 (1987). The five-step process is as follows: (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) based on a ‘residual functional capacity’ assessment, whether the claimant can perform any of his or 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 residual functional capacity, age, education, and work experience. McIntyre v. Colvin, 758 F.3d 146, 150 (2d Cir. 2014).Read the full opinion on CourtListener →
Section 416.920 requires disability to be evaluated through a five-step sequential process addressing substantial gainful activity, severe impairments, listed impairments, past relevant work, and other work in the national economy.
Tatro v. Saul · filed 2020-01-02
To determine whether a claimant is disabled, the Commissioner engages in a five-step evaluation process. See 20 C.F.R. § 416.920; see also McCoy v. Astrue, 648 F.3d 605, 511 (8th Cir. 2011). Those steps require a claimant to show that he or she: (1) is not engaged in substantial gainful activity; (2) has a severe impairment or combination of impairments which significantly limits his or her physical or mental ability to do basic work activities or (3) has an impairment which meets or exceeds one of the impairments listed in 20 C.F.R., Subpart P, Appendix 1; (4) is unable to return to his or her past relevant work; and (5) the impairments prevent him or her from doing any other work. Id.Read the full opinion on CourtListener →
Section 416.920(a) requires disability claims to be evaluated through a sequential five-step process, stopping when a dispositive finding is reached.
(SS) Oblia v. Commissioner of Social Security · filed 2020-01-06(a)
To achieve uniformity in the decision-making process, the Commissioner has established a sequential five-step process for evaluating a claimant’s alleged disability. 20 C.F.R. §§ 416.920(a)-(f). ... Specifically, the ALJ is required to determine: (1) whether a claimant engaged in substantial gainful activity during the period of alleged disability, (2) whether the claimant had medically determinable “severe impairments,” (3) whether these impairments meet or are medically equivalent to one of the listed impairments set forth in 20 C.F.R. § 404, Subpart P, Appendix 1, (4) whether the claimant retained the residual functional capacity (“RFC”) to perform his past relevant work, and (5) whether the claimant had the ability to perform other jobs existing in significant numbers at the national and regional level. 20 C.F.R. § 416.920(a)-(f).Read the full opinion on CourtListener →
Section 416.920(a) requires disability claims to be evaluated through a five-step process, and at step five the Commissioner must consider whether the claimant can actually perform the identified jobs, including whether she can complete a required probationary period.
Sczepanski v. Saul · filed 2020-01-07(a)
To determine whether a claimant is disabled, the Social Security Administration has prescribed a “five‐step sequential evaluation process,” id. § 416.920(a)(4), pursuant to which the Commissioner considers: ... (5) whether there are significant numbers of jobs in the national economy that the claimant can perform given the claimant’s residual functional capacity, age, education, and work experience. ... On appeal, we are asked to consider only whether the ability to complete a probationary period is relevant to a claimant’s ability to perform significant numbers of jobs in the national economy at step five. ... Because the ALJ erred in assuming that Sczepanski’s ability to complete a probationary period was irrelevant to her disability status, we vacate the district court’s judgment affirming the denial of Sczepanski’s application.Read the full opinion on CourtListener →
Section 416.920 requires the Commissioner to determine disability through a five-step sequential evaluation, ending the inquiry at the first dispositive step.
Ferguson v. Berryhill · filed 2020-01-14
The Commissioner must follow a five-step process when she determines whether an individual has a disability for Social Security purposes and, thus, whether that individual’s application for benefits will be granted. 20 C.F.R. § 416.920. All five steps are not applied to every applicant; the determination may be concluded at any step along the process. Id. First, if the applicant is engaged in substantial gainful work activity, then the application is denied. Id. Second, if the applicant does not have or has not had within the relevant time period, a severe impairment or combination of impairments, then the application is denied. Id. Third, if the impairment meets the conditions for one of the “listed” impairments in the Social Security regulations, then the application is granted. Id. Otherwise, the application proceeds to the fourth step. Id. Fourth, if the applicant’s “residual functional capacity” (“RFC”) is such that she can still perform past relevant work, then the application is denied. Id. Fifth and finally, if the applicant, given her RFC, education, work experience and age, is unable to do any other work, the application is granted. Id.Read the full opinion on CourtListener →
Section 416.920(a) requires the Commissioner to use a five-step sequential evaluation process to determine whether a claimant is disabled.
Weitzel v. Commissioner of Social Security · filed 2020-01-17(a)
The Commissioner follows a five-step sequential evaluation process in determining whether a claimant is disabled under the Social Security Act. 20 C.F.R. § 416.920(a). Under this process, the Commissioner must determine, in sequence: (1) whether the claimant is engaged in substantial gainful activity; (2) whether the claimant has a severe impairment; (3) whether the claimant’s impairment meets or equals a listed impairment;? (4) whether the claimant is able to do past relevant work, considering his or her residual functional capacity (“RFC”);> and (5) whether the claimant is able to do any other work, considering his or her RFC, age, education, and work experience. Id.Read the full opinion on CourtListener →
Section 416.920(a)(4) requires disability determinations to use a five-step sequential evaluation: substantial gainful activity, severe impairment, the Listings, past relevant work, and other work in the national economy considering the claimant's RFC and vocational factors.
Pope v. Commissioner of Social Security · filed 2020-01-31(a)(4)
Administrative regulations require a five-step sequential evaluation for disability determinations. 20 C.F.R. § 416.920(a)(4). Although a dispositive finding at any step ends the ALJ’s review, see Colvin v. Barnhart, 475 F.3d 727, 730 (6th Cir. 2007), the complete sequential review poses five questions: 1. Has the claimant engaged in substantial gainful activity?; 2. Does the claimant suffer from one or more severe impairments?; 3. Do the claimant’s severe impairments, alone or in combination, meet or equal the criteria of an impairment set forth in the Commissioner’s Listing of Impairments (the “Listings”), 20 C.F.R. Subpart P, Appendix 1?; 4. Considering the claimant’s RFC, can he or she perform his or her past relevant work?; and 5. Assuming the claimant can no longer perform his or her past relevant work -- and also considering the claimant’s age, education, past work experience, and RFC -- do significant numbers of other jobs exist in the national economy which the claimant can perform? 20 C.F.R. § 416.920(a)(4); see also Miller v. Comm’r of Soc. Sec., 181 F. Supp.2d 816, 818 (S.D. Ohio 2001).Read the full opinion on CourtListener →
Section 416.920(a)(4) requires the ALJ to evaluate disability through a five-step process, including determining at step five whether a significant number of jobs exist in the national economy that the claimant can perform.
Streich v. Berryhill · filed 2020-02-05(a)(4)
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.Read the full opinion on CourtListener →
Section 416.920(a) requires a five-step sequential disability evaluation that stops when disability or nondisability is established, including an initial substantial-gainful-activity inquiry and a final inquiry into adjustment to other work.
Brown v. Berryhill · filed 2020-02-20(a)
In determining whether a person is disabled, the Commissioner is required to perform a five-step sequential analysis. ... If a finding of disability or nondisability can be made at any point in the sequential process, the Commissioner will not review the claim further. ... At step one, the Commissioner must determine whether the claimant is engaged in any substantial gainful activity. ... At step five, the ALJ examines whether the claimant “can make an adjustment to other work[,]” considering her “[RFC,] . . . age, education, and work experience[.]” ... If the claimant can make an adjustment to other work, she is not disabled. ... If she cannot, she is disabled.Read the full opinion on CourtListener →
Section 416.920(a)(4) establishes a five-step sequential process for determining disability, including consideration of substantial gainful activity, impairment severity, the Listings, past work, and other work in the national economy.
Wright v. Saul · filed 2020-03-03(a)(4)
Acting pursuant to its statutory rulemaking authority (42 U.S.C. § 405(a)), the Social Security Administration (“SSA”) promulgated regulations establishing a five-step sequential evaluation process to determine disability. 20 C.F.R. § 416.920(a)(4) (2015). Under that five-step sequential evaluation process, the decision-maker determines: (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) based on a “residual functional capacity” assessment, whether the claimant can perform any of his or 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 residual functional capacity, age, education, and work experience.Read the full opinion on CourtListener →
Section 416.920 requires the Commissioner to evaluate disability through five sequential steps: substantial gainful activity, severe impairment, listed impairment, residual functional capacity and past relevant work, and the ability to perform other work considering the claimant's residual functional capacity, age, education, and work experience.
Gilbert v. Berryhill · filed 2020-03-06(b)-(g)
In determining whether a claimant has met her burden of proving disability, the Commissioner follows a five-step sequential evaluation process. See, e.g., 20 C.F.R. § 416.920. At step one, if a claimant is performing substantial gainful activity, she is not disabled. 20 C.F.R. § 416.920(b). At the second step, if a claimant does not have an impairment or combination of impairments that significantly limits her physical or mental ability to do basic work activities (that is, a severe impairment), she is not disabled. 20 C.F.R. § 416.920(c). At step three, if a claimant proves that her impairments meet or medically equal one of the listed impairments set forth in Appendix 1 to Subpart P of Part 404, the claimant will be considered disabled without consideration of age, education and work experience. 20 C.F.R. § 416.920(d). If the claimant is unable to prove the existence of a listed impairment, at the fourth step, the claimant’s residual functional capacity is determined, 20 C.F.R. § 416.920(e), and then a determination must be made regarding whether claimant’s physical and/or mental impairments prevent her from performing any past relevant work, 20 C.F.R. § 416.920(f). And at the fifth step, the Commissioner must consider the claimant’s residual functional capacity, age, education, and past work experience to determine whether the claimant can perform other work besides past relevant work. 20 C.F.R. § 416.920(g).Read the full opinion on CourtListener →
Section 416.920 requires disability claims to be evaluated through a five-step sequential process: substantial gainful activity, severe impairment, listed impairment, past relevant work, and other work in the national economy.
WOY v. SOCIAL SECURITY COMMISSIONER · filed 2020-03-09
The Commissioner has provided the ALJ with a five-step sequential analysis to use when evaluating the disabled status of each claimant. 20 C.F.R. § 416.920. The ALJ must determine: (1) whether the claimant is currently engaged in substantial gainful activity; (2) if not, whether the claimant has a severe impairment; (3) if the claimant has a severe impairment, whether it meets or equals the criteria listed in 20 C.F.R. pt. 404, subpt. P, app. 1; (4) if the impairment does not satisfy one of the impairment listings, whether the claimant’s impairments prevent him from performing his past relevant work; and (5) if the claimant is incapable of performing his past relevant work, whether he 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. § 416.920.Read the full opinion on CourtListener →
Section 416.920 requires the Commissioner to determine disability through a five-step sequential evaluation, with the determination ending at any step when that step resolves the claim.
Rashid v. Berryhill · filed 2020-03-17
The Commissioner must follow a five-step sequential evaluation process to determine whether an individual has a disability for Social Security purposes and, thus, whether that individual’s application for benefits should be granted. 20 C.F.R. § 416.920. The determination may be concluded at any step along the process. Id. First, if the applicant is engaged in substantial gainful work activity, then the application is denied. Id. Second, if the applicant does not have, or has not had within the relevant time period, a severe impairment or combination of impairments, then the application is denied. Id. Third, if the impairment meets the conditions for one of the “listed” impairments in the Social Security regulations, then the application is granted. Id. Fourth, if the applicant’s RFC is such that the applicant can still perform past relevant work, then the application is denied. Id. Fifth and finally, if the applicant, given his or her RFC, education, work experience and age, is unable to do any other work for which there are a significant number of jobs in the market, they are considered disabled and the application is granted. Id.Read the full opinion on CourtListener →
Section 416.920 directs adjudicators to determine adult disability through a five-step sequence: current substantial gainful activity, severe impairment, listed impairment, past work, and finally other national-economy work, with the Commissioner bearing the burden at the final step.
Wills v. Commissioner, Social Security Administration · filed 2020-03-13(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. § 416.920. 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. § 416.920(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. 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. § 416.920(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 (“RFC”) 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. § 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 Social Security Administration Commissioner has the burden to demonstrate that 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. § 416.920(g).Read the full opinion on CourtListener →
Section 416.920(a)(4) requires SSI claims to be evaluated through five ordered steps and directs that evaluation stop once the claimant is conclusively found disabled or not disabled.
Covey v. Berryhill · filed 2020-03-19(a)(4)
The Commissioner uses a five-step process in evaluating SSI claims. See 20 C.F.R. § 416.920 (2019). See also Heckler v. Campbell, 461 U.S. 458, 460-62 (1983); Hall v. Harris, 658 F. 2d 260, 264-65 (4th Cir. 1981). This process requires the Commissioner to consider, in order, whether a claimant 1) is working; 2) has a severe impairment; 3) has an impairment that meets or equals the requirements of a listed impairment; 4) can return to her past relevant work; and 5) if not, whether she can perform other work. See 20 C.F.R. § 416.920. If the Commissioner finds conclusively that a claimant is or is not disabled at any point in this process, review does not proceed to the next step. See 20 C.F.R. § 416.920(a)(4) (2019).Read the full opinion on CourtListener →
Section 416.920 requires the Commissioner to evaluate an SSI claim through five sequential steps and stop once the claimant is conclusively found disabled or not disabled.
Widener v. Commissioner of Social Security · filed 2020-03-23(a)(4)
The Commissioner uses a five-step process in evaluating SSI claims. See 20 C.F.R. § 416.920 (2019). See also Heckler v. Campbell, 461 U.S. 458, 460-62 (1983); Hall v. Harris, 658 F. 2d 260, 264-65 (4th Cir. 1981). This process requires the Commissioner to consider, in order, whether a claimant 1) is working; 2) has a severe impairment; 3) has an impairment that meets or equals the requirements of a listed impairment; 4) can return to her past relevant work; and 5) if not, whether she can perform other work. See 20 C.F.R. § 416.920. If the Commissioner finds conclusively that a claimant is or is not disabled at any point in this process, review does not proceed to the next step. See 20 C.F.R. § 416.920(a)(4) (2019).Read the full opinion on CourtListener →
Section 416.920 requires the Commissioner to decide disability through a five-step sequential evaluation, including review of work activity, impairment severity, listed impairments, past work, and other work.
Bunnell v. Saul · filed 2020-04-02(a)(4)(i)-(v)
The Commissioner has established a five-step sequential analysis to determine whether a claimant satisfies the above criteria. See 20 C.F.R. § 416.920(a)(4)(i)-(v). ... On remand, the ALJ shall reevaluate whether Plaintiff engaged in substantial gainful activity at step one. ... Therefore, this case is remanded for further proceedings. The ALJ is instructed to conduct a new sequential analysis, including analyzing whether Plaintiff engaged in substantial gainful activity at step one, reevaluating Plaintiff’s fibromyalgia at step two, addressing Plaintiff’s alleged vision impairment at step three, and reevaluating the medical opinion evidence and Plaintiff’s symptom claims in light of the new analyses at steps one, two, and three.Read the full opinion on CourtListener →
Section 416.920(a)(4) requires the ALJ to evaluate disability through five sequential questions: substantial gainful activity, severe impairment, listed impairment, past relevant work, and other work considering the claimant's age, education, experience, and residual functional capacity.
Repsher v. Saul · filed 2020-04-21(a)(4)
Under this process, the ALJ must sequentially determine whether: (1) the claimant is engaged in substantial gainful activity; (2) the claimant has a severe impairment; (3) the claimant’s impairment meets or equals a listed impairment; (4) the claimant is able to do his or her past relevant work; and (5) the claimant is able to do any other work, considering his or her age, education, work experience and residual functional capacity (“RFC”). 20 C.F.R. §416.920(a)(4).Read the full opinion on CourtListener →
Section 416.920 establishes a five-step process for determining whether an individual is disabled, including assessment of substantial gainful activity, severe impairment, listed impairments, past relevant work, and other national-economy work.
Frink v. Commissioner of Social Security · filed 2020-06-01
The Commissioner has established a five-step evaluation process to determine whether an individual is disabled as defined by the Social Security Act. ... The five-step process is as follows: (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) based on a ‘residual functional capacity’ assessment, whether the claimant can perform any of his or 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 residual functional capacity, age, education, and work experience.Read the full opinion on CourtListener →
Section 416.920 requires disability claims to be evaluated through a five-step sequential process, including determining whether the claimant has engaged in substantial gainful activity, has a severe impairment, and has an impairment meeting or equaling a listed impairment.
Gordon v. Commissioner of Social Security · filed 2020-06-08(a)(4)(ii), (b), (a)(4)(iii)
The ALJ must consider all evidence in the claimant’s case record to determine disability (see id. § 416.920(a)(3)), and must use a five-step sequential evaluation process to determine whether the claimant is disabled (see id. § 416.920). ... At Step One, the claimant bears the burden of showing she has not been engaged in “substantial gainful activity” since the alleged date the claimant became disabled. See 20 C.F.R. § 416.920(b). If the claimant has worked and the work is found to be substantial gainful activity, the claimant will be found not disabled. See id. ... At Step Two, the claimant bears the burden of showing that she has a medically severe impairment or combination of impairments. See 20 C.F.R. § 416.920(a)(4)(ii), (c). ... At Step Three, the ALJ compares the claimant’s impairments to the impairments listed in appendix 1 to subpart P of part 404. See 20 C.F.R. § 416.920(a)(4)(iii), (d). The claimant bears the burden of showing his impairments meet or equal an impairment in the listing. Id. If the claimant is successful, a disability is presumed and benefits are awarded. Id. If the claimant is unsuccessful, the ALJ assesses the claimant’s residual functional capacity (“RFC”) and proceeds to Step Four. See id. § 416.920(a)(4)(iv), (e).Read the full opinion on CourtListener →
Section 416.920 requires an ALJ to use a five-step sequential process to determine disability, with the claimant bearing the burden through step four and the Commissioner bearing it at step five.
Music v. Commissioner of Social Security · filed 2020-06-29
In making a determination as to disability under this definition, an ALJ is required to follow a five-step sequential analysis set out in agency regulations. The five steps can be summarized as follows: 1. If claimant is doing substantial gainful activity, he is not disabled. 2. If claimant is not doing substantial gainful activity, his impairment must be severe before he can be found to be disabled. 3. If claimant is not doing substantial gainful activity, is suffering from a severe impairment that has lasted or is expected to last for a continuous period of at least twelve months, and his impairment meets or equals a listed impairment, claimant is presumed disabled without further inquiry. 4. If the impairment does not meet or equal a listed impairment, the ALJ must assess the claimant’s residual functional capacity and use it to determine if claimant’s impairment prevents him from doing past relevant work. If claimant’s impairment does not prevent him from doing his past relevant work, he is not disabled. 5. If claimant is unable to perform past relevant work, he is not disabled if, based on his vocational factors and residual functional capacity, he is capable of performing other work that exists in significant numbers in the national economy. 20 C.F.R. §§ 404.1520, 416.920;2 see also Bowen v. Yuckert, 482 U.S. 137, 140-42 (1987).Read the full opinion on CourtListener →
Section 416.920(a)(4) establishes a five-step sequential evaluation process for determining whether an SSI claimant is disabled, and the evaluation generally ends when disability or nondisability is found at a step.
(SS) Evanovich v. Commissioner of Social Security · filed 2020-07-17(a)(4)
“The Social Security Regulations set out a five-step sequential process for determining whether a claimant is disabled within the meaning of the Social Security Act.” Tackett v. Apfel, 180 F.3d 1094, 1098 (9th Cir. 1999) (citing 20 C.F.R. § 404.1520); see also 20 C.F.R. § 416.920. ... see, e.g., 20 C.F.R. § 416.920(a)(4) (providing the “five-step sequential evaluation process” for SSI claimants). “If a claimant is found to be ‘disabled’ or ‘not disabled’ at any step in the sequence, there is no need to consider subsequent steps.” Tackett, 180 F.3d at 1098 (citing 20 C.F.R. § 404.1520); 20 C.F.R. § 416.920. ... At step two of the sequential evaluation, the ALJ determines which of claimant’s alleged impairments are “severe” within the meaning of 20 C.F.R. §§ 404.1520(c), 416.920(c). A severe impairment is one that “significantly limits” a claimant’s “physical or mental ability to do basic work activities.” Id. An ALJ must consider all the evidence at step two to determine whether a medically determinable impairment significantly limits the claimant’s ability to perform basic work activities. Id. §§ 404.1520(a), 416.920(a); Bowen v. Yuckert, 482 U.S. 137, 153 (1987). ... However, even if the ALJ erred by failing to conclude that Plaintiff’s TMJ and related neuralgia are severe, such error was at most harmless. A claimant is prejudiced at step two by an ALJ’s omission of an impairment only where that step is not resolved in the claimant’s favor. ... Step two was resolved in Plaintiff’s favor when the ALJ determined that her severe impairments included ulcerative colitis, depression, personality disorder, and post-traumatic stress disorder and she proceeded to the step three analysis. ... It follows that, since Plaintiff’s claims were not screened out at this step, she was not prejudiced by any error in the step-two analysis. ... The Court therefore finds no error at step two.Read the full opinion on CourtListener →
Section 416.920 requires disability claims to be evaluated through a five-step sequence, including a severity determination at Step Two and a listings comparison at Step Three.
Branch v. Berryhill · filed 2020-07-21(a)(4)(ii), (b), (a)(4)(iii)
The ALJ must consider all evidence in the claimant’s case record to determine disability (see id. § 416.920(a)(3)), and must use a five-step sequential evaluation process to determine whether the claimant is disabled (see id. § 416.920). ... At Step Two, the claimant bears the burden of showing that he has a medically severe impairment or combination of impairments. See 20 C.F.R. § 416.920(a)(4)(ii), (c). ... At Step Three, the ALJ compares the claimant’s impairments to the impairments listed in appendix 1 to subpart P of part 404. See 20 C.F.R. § 416.920(a)(4)(iii), (d). ... Because the ALJ erroneously found that all of Plaintiff’s mental impairments and most of his physical impairments were non-severe at Step Two, the ALJ only considered Listing 1.04 (disorders of the spine) at Step Three.Read the full opinion on CourtListener →
Section 416.920(a)(4) requires disability to be determined through the full five-step sequential analysis; a severe impairment alone does not establish disability.
Medeiros v. Berryhill · filed 2020-08-10(a)(4)
A severe impairment is a necessary condition to determining a claimant is disabled, but it is not sufficient. See 20 C.F.R. § 416.920(a)(4) (whether a claimant is disabled depends on the entire five-step analysis, and whether an impairment is severe is only one determination within that analysis).Read the full opinion on CourtListener →
Section 416.920(a)(4) requires disability claims to be evaluated through a five-step sequential process, including consideration of the claimant's impairments, residual functional capacity, and ability to perform past or other work.
Sparks v. Saul · filed 2020-08-21(a)(4)
At step one, if the Social Security Administration determines that the claimant is currently engaged in substantial gainful activity, the claim is denied. If not, then step two asks whether the claimant has a severe impairment or combination of impairments. If the claimant has a severe impairment, it is compared at step three to those in the Listing of Impairments (“Listing”) in 20 C.F.R. Part 404, Subpart P, App. 1. If the claimant’s impairment meets or medically equals a Listing, disability is conclusively presumed. If not, at step four, the claimant’s residual functional capacity (RFC) is assessed to determine if the claimant can perform his past relevant work. If the claimant cannot perform past relevant work, then the burden shifts to the Commissioner at step five to show that the claimant, based on his age, education, work experience, and RFC, can perform other substantial gainful work. If the claimant cannot perform other work, then he is found to be disabled. See 20 C.F.R. § 416.920(a)(4).Read the full opinion on CourtListener →
Section 416.920(a)(4) requires disability claims to be evaluated through a five-step sequence, including determining at step two whether an impairment significantly limits basic work activities.
Bobman v. Commissioner Social Security · filed 2020-09-16(a)(4)
To determine whether a claimant is disabled, the Social Security Regulations (Regulations) prescribe “a five-step, sequential evaluation process.” Carter v. Comm’r of Soc. Sec., 726 F. App’x 737, 739 (11th Cir. 2018) (citing 20 C.F.R. § 404.1520(a)(4)); see also 20 C.F.R. § 416.920(a)(4). ... Under this process, an ALJ must determine whether the claimant: (1) is performing substantial gainful activity; (2) has a severe impairment; (3) has a severe impairment that meets or equals an impairment specifically listed in 20 C.F.R. Part 404, Subpart P, Appendix 1; (4) has the RFC to engage in her past relevant work; and (5) can perform other jobs in the national economy given her RFC, age, education, and work experience. ... At step two of the sequential evaluation process, the ALJ must engage in the “threshold inquiry” as to whether the claimant has a medically determinable impairment (or combination of impairments) that is severe. ... As a result, an impairment is considered severe only if it significantly limits a claimant’s physical or mental abilities to engage in basic work activities. 20 C.F.R. §§ 404.1520, 404.1521(a), 416.920, 416.921(a); see also Phillips, 357 F.3d at 1237. ... In this case, the ALJ determined at step two that the Plaintiff had the medically determinable impairment of depression. (R. 15). The ALJ then considered the Paragraph B criteria and decided that this impairment caused the Plaintiff mild limitations in all four functional areas, and that the Plaintiff’s depression was therefore not severe. (R. 15-17). ... By the Court’s consideration, the ALJ’s determinations in both her step two and step four analyses are supported by substantial evidence, and, as more fully set forth above, the Plaintiff fails to show any error in the weight the ALJ afforded to the medical evidence or in the ALJ’s overall mental RFC assessment.Read the full opinion on CourtListener →
Section 416.920 requires disability claims to be evaluated through a five-step sequence covering work activity, severe impairments, listed impairments, residual functional capacity and past work, and other work in the national economy.
POLLARD v. COMMISSIONER OF SOCIAL SECURITY · filed 2020-09-25(a)(4) (b) (c) (d) (e) (f) (g)
The Social Security Act establishes a five-step sequential evaluation for determining whether a plaintiff is disabled within the meaning of the statute. 20 C.F.R. § 416.920(a)(4). “The claimant bears the burden of proof at steps one through four, and the Commissioner bears the burden of proof at step five.” Smith v. Comm’r of Soc. Sec., 631 F.3d 632, 634 (3d Cir. 2010) (citing Poulos v. Comm’r of Soc. Sec., 474 F.3d 88, 92 (3d Cir. 2007)). At step one, the ALJ determines whether the plaintiff is currently engaged in substantial gainful activity. 20 C.F.R. § 416.920(b). If so, then the inquiry ends because the plaintiff is not disabled. At step two, the ALJ decides whether the plaintiff has a “severe impairment” or combination of impairments that “significantly limits [the plaintiff’s] physical or mental ability to do basic work activities[.]” 20 C.F.R. § 416.920(c). If the plaintiff does not have a severe impairment or combination of impairments, then the inquiry ends because the plaintiff is not disabled. Otherwise, the ALJ proceeds to step three. At step three, the ALJ decides whether the plaintiff’s impairment or combination of impairments “meets” or “medically equals” the severity of an impairment in the Listing of Impairments (“Listing”) found at 20 C.F.R. § 404, Subpart P, Appendix 1. 20 C.F.R. § 416.920(d). If so, then the plaintiff is presumed to be disabled if the impairment or combination of impairments has lasted or is expected to last for a continuous period of at least 12 months. Id. at § 416.909. Otherwise, the ALJ proceeds to step four. At step four, the ALJ must determine the plaintiff’s residual functional capacity (“RFC”) and determine whether the plaintiff can perform past relevant work. 20 C.F.R. § 416.920(e), (f). If the plaintiff can perform past relevant work, then the inquiry ends because the plaintiff is not disabled. Otherwise, the ALJ proceeds to the final step. At step five, the ALJ must decide whether the plaintiff, considering the plaintiff’s RFC, age, education, and work experience, can perform other jobs that exist in significant numbers in the national economy. 20 C.F.R. § 416.920(g). If the ALJ determines that the plaintiff can do so, then the plaintiff is not disabled. Otherwise, the plaintiff is presumed to be disabled if the impairment or combination of impairments has lasted or is expected to last for a continuous period of at least twelve months.Read the full opinion on CourtListener →
Section 416.920(a)(4) requires the Commissioner to evaluate disability claims using a five-step sequential framework.
Martin v. Commissioner of Social Security · filed 2020-09-29(a)(4)
In deciding whether a claimant is disabled, the Commissioner is required by the Social Security regulations to use the five-step framework set forth in 20 C.F.R. § 416.920(a)(4) and described above.Read the full opinion on CourtListener →
Section 416.920(a)(4) establishes a five-step sequential evaluation process for determining disability: substantial gainful activity, severe impairment, listed impairment, past relevant work, and other work in the national economy.
Schillo v. Saul · filed 2020-09-29(a)(4)
Acting pursuant to its statutory rulemaking authority (42 U.S.C. § 405(a)), the Social Security Administration (“SSA”) promulgated regulations establishing a five-step sequential evaluation process to determine disability. 20 C.F.R. § 416.920(a)(4) (2015). Under that five-step sequential evaluation process, the decision-maker determines: ... (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) based on a “residual functional capacity” assessment, whether the claimant can perform any of his or 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 residual functional capacity, age, education, and work experience.Read the full opinion on CourtListener →
Section 416.920 establishes a five-step sequential process for determining whether an individual is disabled, considering work activity, impairment severity, listed impairments, residual functional capacity and past work, and the ability to adjust to other work.
Cur v. Commissioner of Social Security · filed 2020-11-04
The Commissioner has established a five-step evaluation process to determine whether an individual is disabled as defined by the Social Security Act. See 20 C.F.R. § 416.920. The Supreme Court has recognized the validity of this sequential evaluation process. See Bowen v. Yuckert, 482 U.S. 137, 140-42, 107 S. Ct. 2287 (1987). The five-step process is as follows: (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) based on a ‘residual functional capacity’ assessment, whether the claimant can perform any of his or 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 residual functional capacity, age, education, and work experience.Read the full opinion on CourtListener →
Section 416.920 requires the Commissioner to determine disability through a five-step sequential evaluation, including assessing residual functional capacity and past relevant work at step four.
Evans v. Saul · filed 2020-11-05
The Commissioner engages in a five-step evaluation process to determine whether a claimant is disabled. See 20 C.F.R. § 416.920; Bowen v. Yuckert, 482 U.S. 137, 140-42 (1987). At Step One, the ALJ determines whether the claimant is currently engaged in substantial gainful activity. At Step Two, the ALJ considers whether the claimant has a “severe” impairment or combination of impairments. At Step Three, the ALJ determines whether the severe impairment(s) meets or medically equals the severity of a listed impairment; if so, the claimant is determined to be disabled, and if not, the ALJ's analysis proceeds to Step Four. At Step Four of the process, the ALJ must assess the claimant's residual functional capacity (RFC) – that is, the most the claimant is able to do despite his physical and mental limitations, Martise v. Astrue, 641 F.3d 909, 923 (8th Cir. 2011) – and determine whether the claimant is able to perform any past relevant work. Goff v. Barnhart, 421 F.3d 785, 790 (8th Cir. 2005) (RFC assessment occurs at fourth step of process).Read the full opinion on CourtListener →
Section 416.920(a) requires the Commissioner to determine disability through a five-step sequential evaluation: current work, severity of impairment, listed impairment, past relevant work, and other work in the national economy.
Edington v. Saul · filed 2020-11-24(a)
To determine whether a claimant is disabled, the Commissioner engages in a five-step evaluation process. See 20 C.F.R. §§ 404.1520, 416.920; 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 her ability to do basic work activities. If the claimant’s impairment(s) is not severe, then she 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) meets or equals one of the listed impairments, she is conclusively disabled. At the fourth step, the Commissioner establishes whether the claimant can perform her 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, a finding of “disabled” is appropriate.Read the full opinion on CourtListener →
Section 416.920 establishes a five-step sequential process for determining whether an individual is disabled under the Social Security Act.
Anderson, Jr. v. Commissioner of Social Security · filed 2020-11-24
The Commissioner has established a five-step evaluation process to determine whether an individual is disabled as defined by the Social Security Act. ... The five-step process is as follows: (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) based on a ‘residual functional capacity’ assessment, whether the claimant can perform any of his or 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 residual functional capacity, age, education, and work experience.Read the full opinion on CourtListener →
Section 416.920(a)(1) and (a)(4) require an ALJ to determine disability through a five-step sequential evaluation: substantial gainful activity, severe impairment, listed impairment, residual functional capacity for past work, and ability to perform other work in significant numbers.
Jones v. Commissioner of Social Security · filed 2020-11-30(a)(1), (a)(4)
An ALJ must perform a five-step sequential evaluation to determine if a claimant is disabled. Goode v. Comm'r of Soc. Sec., 966 F.3d 1277 (11th Cir. 2020) (citing 20 C.F.R. § 416.920(a)(1)). This five-step process determines: (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 these impairments meet or equal an impairment listed in the Listing of Impairments; (4) if not, whether the claimant has the residual functional capacity (“RFC”) to perform his past relevant work; and (5) if not, whether, in light of his age, education, and work experience, the claimant can perform other work that exists in “significant numbers in the national economy.”Read the full opinion on CourtListener →
Section 416.920(a)(4) establishes a five-step process for deciding disability claims; the inquiry ends when a step is dispositive, with the claimant bearing the burden through step four and the government bearing it at step five.
SOTO v. COMMISSIONER OF SOCIAL SECURITY · filed 2020-11-30(a)(4)
The Secretary of Health and Human Services has established a five-step sequential evaluation process to determine whether a plaintiff is disabled. See 20 C.F.R. § 416.920. If the determination at a particular step is dispositive of whether the plaintiff is or is not disabled, the inquiry ends. 20 C.F.R. § 416.920(a)(4). The burden rests on the plaintiff to prove steps one through four. See Bowen v. Yuckert, 482 U.S. 137, 146 n.5 (1987). At step five, the burden shifts to the government. Id.Read the full opinion on CourtListener →
Section 416.920 requires disability claims to be decided through a five-step sequential evaluation, with the result of each answer directing the next step or a finding of disability or not disabled.
Thomas v. Social Security Administration, Commissioner · filed 2020-12-15(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. ... “An affirmative answer to any of the above questions leads either to the next question, or, on steps three and five, to a finding of disability. A negative answer to any question, other than step three, leads to a determination of ‘not disabled.’” Id. (citing 20 C.F.R. § 416.920(a)- (f)).Read the full opinion on CourtListener →
Section 416.920 establishes a five-step sequential process for deciding whether an individual is disabled, considering work activity, impairment severity, listed impairments, ability to perform past work, and ability to perform other national-economy work in light of residual functional capacity and vocational factors.
Hogan v. Commissioner of Social Security · filed 2020-12-09
The Commissioner has established a five-step evaluation process to determine whether an individual is disabled as defined by the Social Security Act. See 20 C.F.R. § 416.920. ... The five-step process is as follows: (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) based on a ‘residual functional capacity’ assessment, whether the claimant can perform any of his or 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 residual functional capacity, age, education, and work experience.Read the full opinion on CourtListener →
Section 416.920 requires SSI claims to be evaluated through five sequential steps, and the evaluation ends when the Commissioner conclusively determines that the claimant is or is not disabled at an earlier step.
Jessee v. Saul · filed 2021-01-19(a)(4)
The Commissioner uses a five-step process in evaluating SSI claims. See 20 C.F.R. § 416.920 (2019); see also Heckler v. Campbell, 461 U.S. 458, 460-62 (1983); Hall v. Harris, 658 F. 2d 260, 264-65 (4th Cir. 1981). This process requires the Commissioner to consider, in order, whether a claimant 1) is working; 2) has a severe impairment; 3) has an impairment that meets or equals the requirements of a listed impairment; 4) can return to her past relevant work; and 5) if not, whether she can perform other work. See 20 C.F.R. § 416.920. If the Commissioner finds conclusively that a claimant is or is not disabled at any point in this process, review does not proceed to the next step. See 20 C.F.R. § 416.920(a)(4) (2019).Read the full opinion on CourtListener →
Section 416.920 requires disability claims to be evaluated through a five-step sequential process, including assessment of substantial gainful activity, severe impairments, listed impairments, residual functional capacity and past work, and other national-economy work.
Pierce v. Saul · filed 2021-02-02
The Commissioner engages in a five-step evaluation process to determine whether a claimant is disabled. See 20 C.F.R. § 416.920; Bowen v. Yuckert, 482 U.S. 137, 140-42 (1987). At Step One, the ALJ determines whether the claimant is currently engaged in substantial gainful activity. At Step Two, the ALJ considers whether the claimant has a “severe” impairment or combination of impairments. At Step Three, the ALJ determines whether the severe impairment(s) meets or medically equals the severity of a listed impairment; if so, the claimant is determined to be disabled, and if not, the ALJ's analysis proceeds to Step Four. At Step Four of the process, the ALJ must assess the claimant's residual functional capacity (RFC) – that is, the most the claimant is able to do despite her physical and mental limitations, Martise v. Astrue, 641 F.3d 909, 923 (8th Cir. 2011) – and determine whether the claimant is able to perform any past relevant work. Goff v. Barnhart, 421 F.3d 785, 790 (8th Cir. 2005) (RFC assessment occurs at fourth step of process).Read the full opinion on CourtListener →
Section 416.920 requires an ALJ to evaluate disability through a five-step sequence, with the claimant bearing the burden through step four and the Commissioner at step five.
Black v. Commissioner of Social Security · filed 2021-02-03
In making a determination as to disability under this definition, an ALJ is required to follow a five-step sequential analysis set out in agency regulations. The five steps can be summarized as follows: 1. If claimant is doing substantial gainful activity, he is not disabled. 2. If claimant is not doing substantial gainful activity, his impairment must be severe before he can be found to be disabled. 3. If claimant is not doing substantial gainful activity, is suffering from a severe impairment that has lasted or is expected to last for a continuous period of at least twelve months, and his impairment meets or equals a listed impairment,5 claimant is presumed disabled without further inquiry. 4. If the impairment does not meet or equal a listed impairment, the ALJ must assess the claimant’s residual functional capacity and use it to determine if claimant’s impairment prevents him from doing past relevant work. If claimant’s impairment does not prevent him from doing his past relevant work, he is not disabled. 5. If claimant is unable to perform past relevant work, he is not disabled if, based on his vocational factors and residual functional capacity, he is capable of performing other work that exists in significant numbers in the national economy. 20 C.F.R. § 416.920; see also Bowen v. Yuckert, 482 U.S. 137, 140-42 (1987). Under this sequential analysis, the claimant has the burden of proof at Steps One through Four. Walters v. Comm’r of Soc. Sec., 127 F.3d 525, 529 (6th Cir. 1997). The burden shifts to the Commissioner at Step Five to establish whether the claimant has the RFC and vocational factors to perform work available in the national economy. Id.Read the full opinion on CourtListener →
Section 416.920(a)(4) requires an administrative law judge to determine disability through a five-step sequential inquiry, including whether the claimant can perform past relevant work and, if not, other work in the national economy.
Shanahan v. Saul · filed 2021-02-16(a)(4)
To determine whether a claimant is disabled and thus ineligible for disability insurance benefits, an ALJ uses a sequential five-step inquiry. See 20 C.F.R. § 416.920(a)(4); Kastner v. Astrue, 697 F.3d 642, 646 (7th Cir. 2012). The inquiry asks: (1) whether the claimant is currently employed; (2) whether the claimant has a severe impairment; (3) whether the claimant's impairment is one that the Commissioner considers conclusively disabling; (4) if the claimant does not have a conclusively disabling impairment whether he can perform his past relevant work, in light of his residual functional capacity (“RFC”); and (5) if the claimant cannot perform his past relevant work, whether he is capable of performing any work in the national economy. Kastner, 697 F.3d at 646.Read the full opinion on CourtListener →
Section 416.920(a)(4) establishes the five-step sequential inquiry for determining eligibility for Social Security benefits.
Benton v. Saul · filed 2021-02-11(a)(4)
The “[d]Jetermination of eligibility for social security benefits involves a five-step inquiry.” Walls v. Barnhart, 296 F.3d 287, 290 (4th Cir. 2002); see 20 C.F.R. §§ 416.920(a)(4), 404.1520.Read the full opinion on CourtListener →
Section 416.920 sets out a five-step sequential evaluation for disability claims, including determining whether an impairment meets or equals a listed impairment and whether the claimant's residual functional capacity permits past or other work.
Williams v. Saul · filed 2021-03-02(d), (e)
The agency has prescribed a five-step evaluative process to be employed in determining whether an individual is disabled. See 20 C.F.R. § 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. § 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 her physical or mental ability to perform basic work activities. Id. § 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. § 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. § 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 her past relevant work. 20 C.F.R. § 416.920(e). 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. § 416.920(f).Read the full opinion on CourtListener →
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