What is the burden of proving a disability in the analysis of employment law?

MultiRegion, United States of America

The following excerpt is from Burch v. Barnhart, 400 F.3d 676 (9th Cir. 2005):

The claimant carries the initial burden of proving a disability in steps one through four of the analysis. See Swenson v. Sullivan, 876 F.2d 683, 687 (9th Cir.1989). However, if a claimant establishes an inability to continue her past work, the burden shifts to the Commissioner in step five to show that the claimant can perform other substantial gainful work. See id.

Page 680

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