From an Advance Notice of Proposed Rulemaking which Social Security will publish in Monday's Federal Register:
We are soliciting public input to ensure that the manner in which we consider pain in adult and child disability claims under titles II and XVI of the Social Security Act (Act) remains aligned with contemporary medicine and health care delivery practices. Specifically, w e are requesting public comment s and supporting data related to the consideration of pain and documentation of pain in the medical evidence we use in connection with claims for benefits . We will use the responses to the questions below and any relevant research and data we obtain or receive to determine whether and how we should propose revisions to our current policy regarding the evaluation of pain.Remember, Democrats will control the House of Representatives in three weeks. Could the Social Security Administration go ahead with something terrible? Sure, but don't bet on it. Even if they try, they probably can't complete action on it before January 20, 2021.
New Congresses convene on Jan. 3, not the 20th.
ReplyDeleteI have always advocated for some kind of chronic pain listing. It could include disorders like fibromyalgia, headaches, etc. It would be hard to quantify. But if the SSA can quantify nebulous non-tangible mental impairments, then why not pain?
ReplyDeleteThere is one for Fibromyalgia. But, what good is it if the ALJ decides to evaluate your pain based upon something else (saying claimant is not entirely credible, because the symptoms don't fit xyz) and the federal judge says that is okay?
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