Effective September 25, 2003, these new rules (in text or pdf) clarify that the claimant has the burden of providing evidence to establish RFC at Step 4 and that this RFC will be used at Step 5. Two “special profiles” are included: if a claimant meets either profile, he will be found “unable to adjust to other work” and consequently disabled, without use of the grid rules.
As a result of these rules, two acquiescence rulings–AR 00-4(2) and AR 90-3(4)–have been rescinded. AR 90-3(4) was based on Smith v. Bowen, 837 F.2d 635 (4th Cir. 1987), which held that SSA could not rely on VE testimony at Step 4 in determining a claimant’s ability to perform past relevant work.
Rescission of the latter ruling available in text or pdf.
68 FR 51153-51167 (25 September 2003)
