Has your doctor suggested you start thinking about applying for disability? If yes, it is important to know that the rules for applicants are changing March 27th of this year. Because of these changes, it may become harder to prove disability.
More specifically, Social Security is changing “treating physician rule.” According to that rule, a treating source’s opinion should be adopted as a statement of fact if it is “well-supported and not inconsistent with other substantial evidence in the record” SSR 96-2p.
For claims filed after March 27th, 2017, this rule will no longer apply. Under the new approach, Social Security will instead focus on the “persuasiveness” of evidence from different medical sources, based on “supportability and consistency.” For those Claimants with supportive treating physicians, this is probably an unfavorable change in the law. Accordingly, those who have are considering applying for Social Security Disability benefits may be better off filing prior to March 27th.
For more information please click here and for a free consultation with Rocky Mountain MS Center’s Disability Law Program, contact Thomas Stewart, M.S., J.D., PA-C at (720) 301-9708.
Are you on disability? Did you know about this change?