Last Chance Comment on Proposed Rule Change

Today is the last day to enter comments on a detrimental rule change that SSA proposes involving consultative examinations. As we all know, many of these purchased exams are inexpert and confusing, and allow a denial to be issued when the decision maker has no other evidence. This change would allow SSA to give up after the first contact with an unresponsive treating source.

SSA has proposed to eliminate the current requirement to recontact treating sources before referring a claimant to a consultative examination. 76 Fed. Reg. 20282 (Apr. 12, 2011). An article about the proposal appears in our April newsletter. Ask us for a copy of the proposed comments and we will email that to you.

NOSSCR’s comments opposing the change appear on our webpage: We are concerned that the proposed change will diminish the role and weight of medical evidence from treating sources.

Midnight tonight is the close of the comment period. We hope you will weigh in with your own comments, however brief.

You can file comments by:

1. Internet on Use the search function to find the docket number SSA-2010-0044. On the home page, under “Begin a search by choosing a task or entering a keyword,” select “Submit Comments.” In the space for “Enter keyword or ID,” type in SSA-2010-0044 and click on “Search.” When you get the result, click on “Submit a comment” (the far right-hand column).
2. Fax comments to 410-966-2830