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Nov 9, 2018

Proposed Regulations On Consideration Of Pain

     The Social Security Administration has asked the Office of Management and Budget (OMB), which is part of the White House, to approve publication of proposed an Advanced Notice of Proposed Rule Making (ANPRM) on Consideration of Pain in the Adult Disability Determination Process. Here's the only explanation available of the proposal:
Our regulations set a two-step process for evaluating pain in disability claims, at which we identify the existence of medical evidence supporting pain and evaluate the intensity of the alleged pain respectively. With this ANPRM we seek to solicit public comment on these existing rules to determine whether they align with current medicine and health care research.
     This isn't even a proposal at this point. They'll only be seeking comments on what a proposal should be.

6 comments:

  1. Sheesh. They can't do anything right in your eyes, can they? Would you rather they start throwing together new rules without soliciting public input?

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  2. A claimant's pain testimony is presumptively valid absent citation of specific evidence to the contrary. That is already the legal standard in many circuits. It is a valid standard, and should be applied at the administrative level.

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  3. I feel my own pain
    Do you think you can
    See in my brain?
    No? Then what’s the plan?

    A disc on a nerve
    A spur on a heel
    What evidence will serve
    To prove it’s real

    For about an hour
    You’ll take glances
    Some records, you’ll scour,
    Then calculate chances

    But you won’t really know
    After all, how could you
    But on with the show
    There’s a job to do

    But loss or gain
    Whatever you choose
    I’ll feel my own pain
    I’ll sing my own blues

    I’ll stumble in these shoes and pray
    Until my road runs out
    Dodging pot holes in the way
    To reach that roundabout

    Where I have to shout
    As I’m falling down
    And ask the benefit of a doubt
    Beneath your doubting frown

    But loss or gain
    Whatever you choose
    I’ll feel my own pain
    I’ll sing my own blues

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  4. The experience of pain is pretty ubiquitous. Since everyone experiences pain except for some with severe neurological disorders, it is difficult to evaluate in persons with little or no objective cause for it. Most people have at least some osteoarthritic changes as well once they reach their 40s

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