Section 38 Generally
| Library | Administrative Law 2011 |
If the claimant is not performing SGA and has a “severe” impairment that does not meet or equal a listing, the SSA determines the claimant’s mental and physical RFC before determining whether the claimant is able to perform past relevant work or other work. 20 C.F.R. §§ 404.1545 and 416.945.
In Baldwin v. Barnhart, 349 F.3d 549 (8th Cir. 2003), the Eighth Circuit explains that Baldwin’s RFC is what Baldwin could do despite his limitations. It was Baldwin’s burden, and not the SSA’s, to prove the RFC. The ALJ...
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