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Abstract
Courts interpreting the 1967 Amendment continued to expect the Agency to shoulder a burden of producing labor market evidence.i That burden was redefined based on the substantive provisions in the 1967 Amendment as a burden of producing evidence of “work which exists in significant numbers” either in the “local economy” or in “several regions of the country.”ii This agency burden is triggered by the claimant’s demonstration of a “prima facie” case: showing an inability to perform “past relevant work,” or, for Supplemental Security Income (SSI) claimants with no relevant work history, showing a lack of past relevant work.iii Over time, every court of appealsiv and the Supreme Courtv adopted this burden-shifting process.
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