What is the burden of proving that a claimant was disabled during the period for which they sought disability benefits?

MultiRegion, United States of America

The following excerpt is from Bushey v. Berryhill, 17-3097-cv (2nd Cir. 2018):

A claimant seeking benefits under 42 U.S.C. 423 or 42 U.S.C. 1381a "bears the ultimate burden of proving that [she] was disabled throughout the period for which benefits are sought." Greek v. Colvin, 802 F.3d 370, 374 (2d Cir. 2015) (per curiam).

Page 3

Id. at 374 n.2

Other Questions


What is the burden of proving that a claimant is disabled under a disability benefit plan? (MultiRegion, United States of America)
What is the burden of proving that the claimant became disabled prior to the expiration of his disability insured status? (MultiRegion, United States of America)
What is the test for determining whether the Secretary of State has a burden of burden on a claimant in claiming disability benefits? (MultiRegion, United States of America)
What is the test for directing an award of disability benefits where there is a long-term disability in the disability benefits system? (MultiRegion, United States of America)
Is there any evidence that a claimant was still working for her employer during the period for which she claimed disability benefits? (Canada (Federal), Canada)
What is the difference between disability benefits and Social Security Disability benefits? (MultiRegion, United States of America)
What is the test for determining whether a claimant is a "disabled" or "not disabled" in a disability claim? (MultiRegion, United States of America)
What is the burden of a Commissioner in determining whether a claimant bears the burden at step five of a disability claim? (MultiRegion, United States of America)
What is the burden of proving a disability claimant is able to work? (MultiRegion, United States of America)
Is Arnone's period of disability defined by section 404.320(a) a "period of disability" excluded from the relevant calculation? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.