View Rule
View EO 12866 Meetings | Printer-Friendly Version Download RIN Data in XML |
SSA | RIN: 0960-AG89 | Publication ID: Spring 2009 |
Title: How We Collect and Consider Evidence of Disability (3487P) | |
Abstract: We propose to change what we ask for in medical source statements to address your limitations and restrictions from your medically determinable impairment(s) rather than your capacities; that is, what you cannot do because of, instead of what you still can do despite, your impairment(s). This would allow medical sources to describe the limiting effects of your impairment(s) as they do in their own records, making it easier to provide the information we need to evaluate whether you are disabled. We propose to clarify that this change applies to all levels of our administrative process and, for title XVI childhood cases, make these regulations more closely reflect the language in the childhood disability regulations. We also propose to give adjudicators additional methods to resolve inconsistent or insufficient evidence to help avoid unnecessary or unproductive steps in the adjudication process and improve efficiency. Currently, when inconsistent or insufficient evidence prevents us from determining whether you are disabled, we first must recontact your treating medical sources for additional information. We also propose to clarify that we consider a review of the longitudinal evidence available in your case record, to emphasize our responsibility to consider how your impairment(s) changes over time. This long-standing policy will not change the outcome of disability determinations or decision; however, it will make our policy more transparent. | |
Agency: Social Security Administration(SSA) | Priority: Substantive, Nonsignificant |
RIN Status: Previously 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 |
||||||
Timetable:
|
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 |