Social Security has finalized new regulations that dramatically change the way it evaluates evidence. The new rules are effective for claims filed on or after March 27, 2017. Most importantly, the new regulations eliminate the “treating physician rule” which required deference to doctors who have a treatment relationship with the claimant. The new rule calls for evaluating opinions from acceptable medical sources by considering the supportability of the opinion and the consistency of the opinion with underlying medical records. This evaluation is supposed to consider that the claimant has a longstanding treatment relationship with the treating source.
The new regulations add physician’s assistants, advance practice registered nurses, and, when consistent with scope of practice and state licensing rules, optometrists and audiologists.
The new regulations require express consideration of evidence from all medical sources, including evidence from sources that are not considered acceptable medical sources. This is the only portion of the new regulations that is effective immediately for all claims.
The regulations expressly do not require a statement of how nonmedical evidence is evaluated.
The regulations state that disability evaluations from other agencies such as the Veterans Administration will no longer be given weight in Social Security’s evaluation.
The regulations repeal Social Security Rulings 96-2p, 96-5p and 96-6p. The regulations also repeal Social Security Ruling 06-03p but state the substance of that ruling regarding evaluation of medical evidence from sources who are not considered acceptable medical sources is incorporated into the new regulations.
Revisions to Rules Regarding the Evaluation of Medical Evidence, 82 Fed. Reg. 5844 (January 18, 2017).