II-5-3-3.Express Written Acknowledgement of the Limited Shifting of the Burden at the Last Step of the Sequential Evaluation Process

SUBJECT

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Express Written Acknowledgement of the Limited Shifting of the Burden at the Last Step of the Sequential Evaluation Process

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?

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.

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.

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).

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:

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.

APPLICATION

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The Appeals Council will apply this interpretation in all cases that come before it involving the same issue.

EFFECTIVE DATE

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December 14, 2005

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 I-2-8-25B.4, I-3-8-20, I-4-7-1