Social Security has published proposed regulations in the Federal Register requiring disability claimants and their attorneys or other representatives to notify the agency or submit all medical records concerning a Social Security disability claim.
This proposal includes a statement that "When you submit evidence from another source, you must submit that evidence in its entirety." I don't know how to interpret this other than to mean that if I request a hospital record, I must request and submit the whole thing, which can easily run over 1,000 pages on a single hospitalization. Even an overnight hospitalization will result in hundreds of pages of records. The proposal says explicitly that Social Security intends to simplify matters by removing all discretion from the claimant and attorney. I could, in the alternative, simplify notify Social Security that the claimant was in the hospital but these days it's unlikely that an ALJ would, on his or her own, request the hospital record. In terms of outpatient records, if the claimant has been going to the same physician for 20 years, if I'm going to obtain and submit the record, I don't see how I can limit it to a particular time period. I would have to request the entire record. Social Security says that I have no discretion. Also, I don't see how I can not request lab reports, x-ray reports and other documents contained in the physician's records. I would have no discretion.
By the way, if I, as an attorney representing a Social Security disability claimant, has no discretion to not request the entirety of any medical record, why should Social Security?
I think that Social Security means well but this is unworkable. On its face, it wouldn't increase the quantity of medical records that claimants and their attorneys submit; it would reduce it by making it impractical for an attorney to obtain and submit many records.