If a new proposal by the Social Security Administration moves forward, persons applying for disability benefits will be required to present to the Social Security Administration all relevant medical information. That would also include evidence that shows that they can work, and are therefore not eligible for disability benefits.
The proposal was recently published in the Federal Register. Under the new proposal, all disability benefit applicants would be required to submit all evidence known to them. According to the Social Security Administration, that would include evidence that may be favorable or unfavorable to their disability claim. Under the rule, the legal burden of providing evidence would fall on the person filing the claim, and not the person’s representative, like his disability benefits lawyer. The proposal has been published in the Register, and now the Social Security Administration is asking for feedback or comments on the proposal.
In the future, there could be major changes made to the way disability benefits are processed. Under the proposal, the Social Security Administration proposes that disability benefits applicants get their representatives to help them obtain the information that the federal agency requires them to submit as part of their claim. According to the Social Security Administration, this proposal has become important because of recent public interest in the Social Security Administration’s requirements regarding evidence submission in disability claims, particularly the presentation of unfavorable evidence.
M. Stanley Whitehead is a Houston Social Security disability benefits lawyer, committed to representing persons who have had their disability claims rejected, and helping them recover the benefits that are rightfully theirs.