Brock v. Apfel

ORDER DENYING DEFENDANT’S MOTION TO ALTER OR AMEND

LARSEN, United States Magistrate Judge.

Before the court is defendant’s motion to alter or amend the order filed on September 12, 2000, reversing the decision of the commissioner and granting disability benefits. In support of his motion, defendant argues that the commissioner’s burden at step five of the sequential analysis is only a burden of production, not a burden of proof. Defendant’s position is without merit.

The United States Supreme Court in Bowen v. Yuckert, 482 U.S. 137, 146 n. 5, 107 S.Ct. 2287, 96 L.Ed.2d 119 (1987), stated as…