What is the burden of proof of disability in a social security disability hearing?

MultiRegion, United States of America

The following excerpt is from Chavez v. Colvin, Case No. 1:12-CV-00657-LJO-SMS (E.D. Cal. 2013):

"While it is true that a social security disability hearing is not adversarial, that does not remove the burden of proof of disability from the claimant." Banuelos v. Chater, 1996 WL 681261 at *1 (9th Cir. Nov. 22, 1996) (No. 95-55787). A claimant of social security disability benefits bears the burden of proving that he or she is unable "to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12

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