Rescission of Three Social Security Rulings
Posted April 13, 2017 by Premier Disability Services, LLC®
The Social Security Administration announced the rescission of three previous rulings in the Federal Register on March 27, 2017 – SSR 96-2p: Titles II and XVI: Giving Controlling Weight to Treating Source Medical Opinions; SSR 96-5p: Titles II and XVI: Medical Source Opinions on Issues Reserved to the Commissioner; and SSR 06-3p: Titles II and XVI: Considering Opinions and Other Evidence from Sources Who Are Not “Acceptable Medical Sources” in Disability Claims, Considering Decisions on Disability by Other Governmental and Nongovernmental Agencies. The administration noted that these three SSRs are inconsistent or unnecessarily duplicative with their recent final rules, Revisions to Rules Regarding the Evaluation of Medical Evidence, published in the Federal Register on January 18, 2017 (82 FR 5844).
SSR 96-2p explained how adjudicators should evaluate medical opinions from treating sources, including when it is appropriate to give controlling weight to medical opinions from treating sources. The final rules revised these policies for claims filed on or after March 27, 2017, in several ways. For example, adjudicators will not assign a weight, including controlling weight, to any medical opinion for claims filed on or after March 27, 2017.
SSR 96-5p explained how adjudicators should consider and articulate their consideration of medical source opinions on issues reserved to the Commissioner in the notice of the determination or decision. The final rules revised these policies for claims filed on or after March 27, 2017, in several ways. For example, in claims filed on or after March 27, 2017, adjudicators will not provide any articulation about their consideration of this evidence because it is inherently neither valuable nor persuasive.
SSR 06-03p explained how Social Security considers opinions and other evidence from sources who are not acceptable medical sources and how they consider decisions by other governmental and nongovernmental agencies on the issue of disability or blindness. The final rules revised these policies for claims filed on or after March 27, 2017, in several ways. For example, in claims filed on or after March 27, 2017, the final rules state that all medical sources, not just acceptable medical sources, can make evidence that Social Security categorizes and considers as medical opinions. Also, in claims filed on or after March 27, 2017, the final rules state that adjudicators will not provide any articulation about their consideration of decisions from other governmental agencies and nongovernmental entities because this evidence is inherently neither valuable nor persuasive.
Federal Register – March 27, 2017: https://www.federalregister.gov/documents/2017/03/27
Final Rule – January 18, 2017: https://www.federalregister.gov/documents/2017/01/18/2017-00455/revisions-to-rules-regarding-the-evaluation-of-medical-evidence
By: Thomas A. Klint of Premier Disability Services, LLC®
