From Emergency Message 16036 recently issued by Social Security:
A. What is the purpose of this Emergency Message? This emergency message clarifies the following sentence in Social Security Ruling 83-20 – Titles II and XVI: Onset of Disability (SSR 83-20), “At the hearing, the administrative law judge (ALJ) should call on the services of a medical advisor when onset must be inferred.”
B. What is the background behind this Emergency Message? There has been confusion as to whether the above-quoted sentence in SSR 83-20 imposes a mandatory requirement on an ALJ to call on the services of a medical expert when onset must be inferred.
C. Does SSR 83-20 impose a mandatory requirement on an ALJ to call on the services of a medical expert when onset must be inferred? No, SSR 83-20 does not impose a mandatory requirement on an ALJ to call on the services of a medical expert when onset must be inferred.
Instead, the decision to call on the services of a medical expert when onset must be inferred is always at the ALJ’s discretion.
Direct all questions to your hearing office management chain or the Office of Appellate Operations Executive Director’s office, as appropriate.
I have always taken "should" to be a suggestion and not a mandatory requirement such as "must." I think this clarification is in line with such meaning.
ReplyDeleteThe above being said, I was recently able to convince an ALJ to obtain the services of an ME to infer onset in what would have otherwise been an impossible case to win. So there are at least some good ALJs out there who will at least consider that they "should" use an ME in such situations.
SSR 83-20 has only been out for 33 years, and SSA is "clarifying" it now? SSA must have lost some cases, and is trying to shore up their position. It's in line with recent NPRMs which are changing the whole landscape of disability criteria (if SSA rams them through as is). Non-adversarial? Burden of proof for ALJ decision-making preponderance of evidence? Not anymore (if it ever were so).
ReplyDeleteSSA is changing, becoming a bureaucratic behemoth intent on inflicting maximum damage to claimants. Never thought I'd be longing for the Astrue days, but he truly had concern for claimants getting due process, balancing Agency desires with the law.
what does "inferred" mean here?
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