The Social Security Act defines "disability" as the inability to engage "in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months." 42 U.S.C. § 1382c(a)(3)(A). A claimant "shall be determined to be under a disability only if his physical or mental impairment or impairments are of such severity that he is not only unable to do his previous work but cannot, considering his age, education, and work experience, engage in any other kind of substantial gainful work which exists in the national economy, regardless of whether such work exists in the immediate area in which he lives, or whether a specific job vacancy exists for him, or whether he would be hired if he applied for work." § 1382c(a)(3)(B). Garrison v. Colvin, 759 F. 3d 995 (9th Cir. 2014).
ALJs apply a five-step evaluation process to determine whether a claimant qualifies as disabled. Ludwig v. Astrue, 681 F.3d 1047, 1048 n. 1 (9th Cir.2012). That procedure is set forth at 20 C.F.R. § 404.1520(a)(4):
The five-step sequential evaluation process. The sequential evaluation process is a series of five "steps" that we follow in a set order ... If we can find that you are disabled or not disabled at a step, we make our determination or decision and we do not go on to the next step. If we cannot find that you are disabled or not disabled at a step, we go on to the next step. Before we go from step three to step four, we assess your residual functional capacity.... We use this residual functional capacity assessment at both step four and step five when we evaluate your claim at these steps. These are the five steps we follow:
(i) At the first step, we consider your work activity, if any. If you are doing substantial gainful activity, we will find that you are not disabled ...
(ii) At the second step, we consider the medical severity of your impairment(s). If you do not have a severe medically determinable physical or mental impairment that meets the duration requirement in § 404.1509, or a combination of impairments that is severe and meets the duration requirement, we will find that you are not disabled ...
(iii) At the third step, we also consider the medical severity of your impairment(s). If you have an impairment(s) that meets or equals one of our listings in appendix 1 of this subpart and meets the duration requirement, we will find that you are disabled...
(iv) At the fourth step, we consider our assessment of your residual functional capacity and your past relevant work. If you can still do your past relevant work, we will find that you are not disabled ...
(v) At the fifth and last step, we consider our assessment of your residual functional capacity and your age, education, and work experience to see if you can make an adjustment to other work. If you can make an adjustment to other work, we will find that you are not disabled. If you cannot make an adjustment to other work, we will find that you are disabled ...
Garrison v. Colvin, ibid.
An ALJ may not discount a claimant's credibility just because her claims of pain are unsupported by significant physical and diagnostic examination results. See SSR 96-7p(4); Bjornson v. Astrue, 671 F.3d 640, 646 (7th Cir.2012); Myles v. Astrue, 582 F.3d 672, 676-77 (7th Cir. 2009); Carradine v. Barnhart, 360 F.3d 751, 753 (7th Cir.2004). Pain can be severe to the point of being disabling even though no physical cause can be identified, though in such cases, the claimant's credibility becomes pivotal. E.g., Sims v. Barnhart, 442 F.3d 536, 537-38 (7th Cir. 2006); Johnson v. Barnhart, 449 F.3d 804, 806 (7th Cir.2006); Carradine, 360 F.3d at 753-54. Also, the lack of objective support from physical examinations and test results is still relevant even if an ALJ may not base a decision solely on the lack of objective corroboration of complaints of pain. See 20 C.F.R. § 404.1529(c); Prochaska v. Barnhart, 454 F.3d 731, 738 (7th Cir.2006). Pierce v. Colvin, 739 F. 3d 1046 (7th Cir. 2014).
THIS CASEBOOOK contains a selection of 40 U. S. Court of Appeals decisions that analyze and discuss disability rulings under the Social Security Act. The selection of decisions spans from January 2014 to the date of publication.