Apr 17, 2015

Did They Even Read Their Own Regs?

     I have no idea why they believe this to be consistent with their own recently adopted regulations but Social Security is now taking the position that claimants are not just under an obligation to inform the agency of evidence that "relates to" their disability claim but to submit such evidence, regardless of the expense or difficulty, and are to be hounded to do so.

15 comments:

Anonymous said...

Good

Anonymous said...

Since the ALJ has a duty to develop the record why do they not order records like DDS does? It might help them to understand the cost of 5,000 pp of nursing notes and the typical 35 day delay of records from large hospitals.

Anonymous 42 said...

ODAR orders records all the time, especially for unrepresented claimants. They also get frequent requests from reps when claimants cannot afford the fees or the provider is being obstinant.

Anonymous 42 said...

The claimant has the burden of proof, is seeking monetary benefits from the government, and knows who his medical providers are. He should be making the effort to obtain and submit his own records, seeking assistance from SSA when that is not possible.

Anonymous said...

@3:24 kinda like it is now?

Anonymous said...

I'm still not sure why ALJs can now apparently require all evidence to be submitted 5 days pre-hearing. I thought this only applied in Region 1?

Anonymous said...

ODAR "developing the record" that's a good one. I can't even tell you how many unrepped unfavorable decisions I have seen where ODAR did next to nothing to get records. I feel embarrassed for the agency when I come into a case a month or two before the hearing and see that ODAR has done zero to request any records even though the claimant filled out one or two or three recent medical treatment forms.

Anonymous said...

@9:57

While its always good to get evidence in as soon as you can, I don't think an ALJ can require you to submit evidence 5 days before the hearing. The statute allows you to submit evidence at the hearing. Thus, they would have to change the statue to require submission before the hearing.

Anonymous said...

remember, SSA benefits are a privilege NOT A RIGHT.

When you are seeking benefits, it is your responsibility to prove you are disabled.

Anonymous said...

At 9:57 PM, April 19, 2015:

The 5-day submission rule still only applies to Region 1 (New England). Part 405 of the CFR makes this clear.

Anonymous said...

Sure they are a right. Especially RSDI benefits.
You paid for the benefits through a mandatory insurance system.
If you meet the legal qualifications, you certainly have a right (a legal claim) to benefits.

Justin

Anonymous said...

Exactly...IF you meet the legal qualifications...that's the key

All About Advocacy said...

Thank you anon 9:57 about the 5-day rule. For the life of me, I could not find it in the reg. That would be the biggest burden.

Anonymous said...

A local ALJ insists that the 5-day evidence rule applies as of April 20. Was there an ALJ e-mail or memo on this or something?

Anonymous said...

I have heard this as well 8:34 but can't find anything concrete.