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SSA | RIN: 0960-AG89 | Publication ID: Fall 2008 |
Title: ●Redefining a Medical Source Opinion (3487P) | |
Abstract: We propose to change the type of information we ask for in medical source statements. Specifically, we will ask medical sources to assess the limitations and restrictions caused by a claimants medically determinable impairment(s) rather than estimating the claimants capacities. Our current process asks medical sources to evaluate claimants in terms of what activities they can perform despite their impairment(s). This change comports with current medical practice, wherein medical sources describe the limiting effects of a patients impairment(s), and will make it easier for medical sources to provide the information we need to evaluate a claimants disability. We propose that this change apply to all levels of our administrative process. We also propose to give our adjudicators additional methods for handling claims that contain inconsistent or insufficient medical evidence. Currently, when the quality of the medical evidence prevents us from determining whether a claimant is disabled, we must recontact the treating medical sources for additional information. We propose to revise our regulations to state that where the available medical evidence is inadequate to determine disability, is unclear, or conflicts with other information in the file, our adjudicators may: (1) Contact either the claimant or the appropriate medical source for clarification; (2) evaluate all of the evidence in the file to attempt to adjudicate the claim; or (3) order a consultative examination. This proposed rule will also clarify that our adjudicators are required to make every reasonable effort to obtain the requested information. We also propose to clarify that we base disability determinations and decisions primarily on a review of the longitudinal evidence of your impairment(s). We will emphasize the importance of considering claimants overall functioning, rather than their functioning at a single point in time. This long-standing policy will not change the outcome of disability determinations or decisions; however, it will make our policy more transparent. | |
Agency: Social Security Administration(SSA) | Priority: Substantive, Nonsignificant |
RIN Status: First time published in the Unified Agenda | Agenda Stage of Rulemaking: Proposed Rule Stage |
Major: Undetermined | Unfunded Mandates: No |
CFR Citation: 20 CFR 404.1502 20 CFR 404.1512 20 CFR 404.1513 20 CFR 404.1519a 20 CFR 404.1519n 20 CFR 404.1520 20 CFR 404.1520b (New) 20 CFR 404.1527 20 CFR 404.1545 20 CFR 416.902 20 CFR 416.912 20 CFR 416.913 20 CFR 416.919a 20 CFR 416.919n 20 CFR 416.920 20 CFR 416.920b (New) 20 CFR 416.927 20 CFR 416.945 | |
Legal Authority: 42 USC 402 42 USC 405(a) 42 USC 405(d)(h) 42 USC 416(i) 42 USC 421(a) 42 USC 421(i) 42 USC 421(m) 42 USC 421 note 42 USC 422(c) 42 USC 423 42 USC 423 note 42 USC 425 42 USC 902(a)(5) 42 USC 1382 42 USC 1382c 42 USC 1382h 42 UC 1382h note 42 USC 1383(a) 42 USC 1383(c) 42 USC 1383(d)(1) 42 USC 1383(p) 42 USC 1383b |
Legal Deadline:
None |
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Timetable:
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Regulatory Flexibility Analysis Required: No | Government Levels Affected: None |
Federalism: No | |
Included in the Regulatory Plan: No | |
Public Comment URL: www.regulations.gov | |
RIN Data Printed in the FR: No | |
Agency Contact: Shirleen Roth Social Insurance Specialist Social Security Administration Office of Disability Programs, 6401 Security Boulevard, Baltimore, MD 21235-6401 Phone:410 966-1174 Richard M. Bresnick Social Insurance Specialist, Regulations Writer Social Security Administration Office of Regulations, 6401 Security Boulevard, Baltimore, MD 21235-6401 Phone:410 965-1758 |