2^nd Circuit says again: Commissioner

bears step 5 burden of proof

 

In Rosa v. Callahan, 168 F.3d 72 (2d Cir. 1999) the 2^nd Circuit reiterated its position that the Commissioner bears the burden of proof at step five of the sequential evaluation process. Once a claimant has shown he or she cannot do any past work, the Commissioner must prove that there is other work in the national economy that the claimant can do given the claimantÕs age education and work experience.

 

The Circuit also found that the ALJ had impermissibly pitted her medical opinion against that of the treating physician.