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Vocational Reference Materials

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Westlaw Citation Gray V. Heckler

Approves administrative notice of occupational reference materials for information regarding various types of work. Court notes that the 4th circuit has held that the Secretary may rely on general categories in the Supplement to the DOT as presumptively applicable to the claimant's past work. Claimant's burden to prove an inability to perform her former type of work. necessarily includes an obligation to produce evidence on that issue. Claimant must not only show that she cannot do her former job, she must demonstrate that she cannot return to her former type of work. Opinions of non-examining consulting physicians are entitled to weight. Physician's conclusory statements about claimant's disability not binding on Secretary. The Secretary can rely on a job held more than 10 years ago in determining whether claimant can return to prior work. In order to meet burden at step 4, claimant must establish that she cannot return to her former type of work, not just her inability to return to a particular past job.

1/1/1985
Westlaw Citation Hernandez V. Weinberger

Pre-GRID case. Once it is determined that claimant cannot perform her past work, Secretary's burden of showing capacity to do other work is not met by taking administrative notice of the general availability of light and sedentary work in the national economy. Step 5 burden is not met by ALJ taking administrative notice of the general availability of light and sedentary work in the national economy.

1/1/1974


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