The Online Resource for Massachusetts Poverty Law Advocates

Freeman V. Barnhart

Date: 
01/01/2001

If applicant has met her burdens of production and proof at Steps 1-4 of sequential evaluation, then SSA has burden at Step 5 of coming forward with evidence of specific jobs in the national economy that the applicant can still perform. ALJ met burden at Step 5 to come forward with evidence by introducing testimony of vocational expert. Where ALJ's decision failed to cite jobs testified to by VE, remand, rather than payment of benefits was appropriate remedy because it was not clear that claimant was entitled to benefits. Remand is proper remedy where there are conflicts in the evidence that must be resolved.


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