Subject: Appeals Council Decisions
When a disability case is decided at the last step of the sequential evaluation process, the decision must contain a statement explicitly acknowledging that the burden of showing that the claimant can perform other work shifts to the Secretary. Section I-3-812 B. 5. has been revised to provide sample language to be included in the decision.
Remove from Chapter I-3-800:
Pages I-3-812 B. 4. cont., and I-3-812 B. 5. cont., dated October 30, 1990 (2 pages).
A transmittal checklist for Volume I, Division 3 is included.
Insert in Chapter I-3-800:
I-3-812 B. 4. cont., I-3-812 B. 5. cont., and I-3-812 C. dated September 15, 1991 (3 pages).
Date: September 15, 1991