The Social Security Administration recently published a new rule, 17-2p, which relates to medical equivalence. The rule, which can be found here in the Federal Registry, states:
At the hearings level or at the AC [Appeals Council] level when the AC issues its own decision, the adjudicator is responsible for the finding of medical equivalence [to a Listing]. The adjudicator must base his or her decision about whether the individual’s impairment(s) medically equals a listing on the preponderance of the evidence in the record. To demonstrate the required support of a finding that an individual is disabled based on medical equivalence at step 3, the record must contain one of the following:
- A prior administrative medical finding from an MC [Medical Consultant] or PC [Psychological Consultant] from the initial or reconsideration adjudication levels supporting the medical equivalence finding, or
- ME [Medical Expert] evidence, which may include testimony or written responses to interrogatories, obtained at the hearings level supporting the medical equivalence finding, or
- A report from the AC’s medical support staff supporting the medical equivalence finding.
Hearing Notice Changes
It used to be that Social Security was required to notify a claimant of a disability hearing date at least 20 days before the scheduled hearing, but a new rule is in effect that requires Social Security to inform of a hearing date at least 75 days in advance. This new rule should not impact claimants too much because Social Security already schedules hearings two to three months in advance, but another new rule could impact claims more. This other rule involves a requirement to have all medical evidence submitted at least 5 days prior to a hearing. This will impact Social Security representatives the most because representatives are usually scrambling to get all evidence submitted up until the day of the hearing.
