Social Security’s Musculoskeletal Listings May Change

Posted February 23, 2018 by Premier Disability Services, LLC®

Changes to skeletal conditions

After almost six months of review, the Office of Management and Budget (OMB), has approved proposed amendments to Social Security’s Listings for musculoskeletal disorders. Expect this proposal to appear in the Federal Register in the near future. Remember that this is only a proposal. The public has a right to comment on the proposal. In general, agencies will specify a comment period ranging from 30-60 days, but the time period can vary.

The “notice‐and‐comment” process enables anyone to submit a comment on any part of the proposed rule. This process is not like a ballot initiative or an up‐or‐down vote in a legislature. An agency is not permitted to base its final rule on the number of comments in support of the rule over those in opposition to it. At the end of the process, the agency must base its reasoning and conclusions on the rulemaking record, consisting of the comments, scientific data, expert opinions, and facts accumulated during the pre‐rule and proposed rule stages.

When an agency publishes a final rule, generally the rule is effective no less than 30 days after the date of publication in the Federal Register. If the agency wants to make the rule effective sooner, it must cite “good cause” as to why this is in the public interest.

If you or someone you know is unable to work due to a medical condition, please contact us for a free evaluation of your claim!

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By: Thomas A. Klint of Premier Disability Services, LLC®