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SUBJECT
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Express Written Acknowledgement of the Limited
Shifting of the Burden at the Last Step of the Sequential Evaluation
Process
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ISSUE
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When deciding a case at the last step of the sequential
evaluation process, what burden does the Commissioner bear and what
language should adjudicators include in their decisions to demonstrate
awareness of the burden?
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DISCUSSION
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Section 223(d)(5)(A) of the Social Security Act
(the Act) provides in pertinent part that a claimant must furnish the
necessary medical and other evidence upon which the Commissioner will
base their decision on the ultimate issue of disability.
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If a claimant has relevant work experience, the claimant
bears the burden of showing that they no longer retain the residual
functional capacity to perform their past relevant work.
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Once a claimant has established that they have no past
relevant work or that their impairments prevent the performance of
past relevant work, the burden shifts to the Commissioner to provide
evidence that demonstrates that jobs exist in significant numbers in the
national economy that the claimant can do, given the claimant's RFC,
age, education, and work experience. This limited shift in burden is
consistent with Social Security Administration policy
(20 CFR 404.1512,
404.1520,
404.1545(a)(3),
404.1560(c),
416.912,
416.920,
416.945(a)(3), and
416.960(c);
Social Security Rulings (SSR) 83-46c and
83-47c).
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INTERPRETATION
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At the last step of the sequential evaluation process,
the Commissioner has the burden of providing evidence about the
existence of work in the national economy that the claimant can do,
given the claimant's previously assessed RFC and age, education,
and work experience. To demonstrate their awareness of this burden,
adjudicators should include the following statement or an equivalent
one in decisions which are made at the last step of the sequential
evaluation process:
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Once a claimant has established that they have no past
relevant work or cannot perform their past relevant work because of their
impairments, the burden of proof shifts to the Commissioner to show that
other jobs exist in significant numbers in the national economy which the
claimant can perform, given the claimant's residual functional capacity,
age, education and work experience.
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APPLICATION
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The Appeals Council will apply this interpretation in all
cases that come before it involving the same issue.
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EFFECTIVE DATE
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December 14, 2005
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CROSS-REFERENCE
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Section
223(d)(5)(A) of the Act;
20 CFR 404.1512,
404.1520,
404.1545(a)(3),
404.1560(c),
416.912,
416.920,
416.945(a)(3), and
416.960(c);
SSRs 83-46c, and
83-47c;
HALLEX HA 01280.025 B.4,
HA 01380.020,
HA 01470.001
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