New Social Security Rule Requires Submission Of All Evidence

For as long as I’ve been practicing Social Security law (which is 35 years as of this spring) there have been judges who ask the Claimant’s representative if the file is complete or if all records have been submitted.  Some even have gone so far is to ask for so-called “independent’ medical exam reports created in connection with Workers’ Compensation or other injury litigation.

I have always complied with these requests although there is no doctor patient relationship between the examiners and the patient.  It is certainly arguable that such records need not have been submitted.

Now a new rule promulgated by the Social Security Administration requires representatives to submit all “evidence known” related to the disability claim.  But what does “related” to the claim mean?  If a Claimant alleges a mental disability does medical evidence pertaining to physical medical treatment need                                                                 to be submitted?  What about postings on social media?

Many feel this new rule will add an additional burden to a Claimant and his or her representative.  Others say the Claimant or the representative have always had the burden to submit all known evidence, whether favorable or unfavorable so the rule merely clarifies the rule.  As for the reports of examiners, the argument is that the representative can address the weight to be given such evidence in a brief or at the hearing.