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Tuesday, April 12, 2011

Proposed Social Security Rule Changes How the Government Collects and Evaluates Evidence in Disability Cases

A key portion of a proposed new regulation from Social Security states that the Social Security Administration wants to change how it collects evidence in Disability cases. A key part of the proposed regulation reads as follows:

"We propose to modify the requirement to recontact your medical source(s) first when we need to resolve an inconsistency or insufficiency in the evidence he or she provided. Depending on the nature of the inconsistency or insufficiency, there may be other, more appropriate sources from whom we could obtain the information we need. By giving adjudicators more flexibility in determining how best to obtain this information, we will be able to make a determination or decision on disability claims more quickly and efficiently in certain situations. Eventually, our need to recontact your medical source(s) in many situations will be significantly reduced as a result of our efforts to improve the evidence collection process through the increased utilization of Health Information Technology (HIT)."

The full proposed rule can be found at:

The Disability Law Firm is going to review the full proposal and offer comment later. We have to be careful to keep the Social Security Administration from restricting or harming the rights of those seeking Disability and SSI benefits.

Copyright (c) 2011 by John V. Tucker and Tucker & Ludin, P.A. All rights reserved. For assistance with your Long Term Disability claim, ERISA Disability benefit claim, Social Security Disability claim, or Veterans Disability compensation or pension claim, call Disability Lawyer John Tucker at (866) 282-5260.

Legal Guides From John Tucker on Selected Disability Topics