It seems that every few months, SSA (Social Security Administration) is adding new rules for both claimants and representatives involved in the Disability process. Earlier this year, they enacted the “Five-day Rule”, mandating that an Administrative Law Judge (ALJ) can choose not to admit medical or other evidence if it is not submitted timely–i.e., five business days prior to a scheduled disability hearing. SSA calls it the “Five-day Rule” but almost immediately explained it to mean evidence had to be submitted eight calendar days (or more) before the hearing. It is also an arbitrary rule which was enacted by individuals who have only an academic understanding of the Disability process. Requesting and receiving medical evidence varies from medical provider to medical provider. I have gotten records faxed/emailed to me the same day I’ve requested them, and I have seen providers take months and months to send records despite my office regularly hounding them. SSA’s excuse for enacting the rule was due to “unprecedented” volume of cases and the delays which inevitably occur. However, the rule erroneously assumes that the submission of evidence untimely is the reason for the backlog. The reason for the backlog is an aging population growth which the SSA knew about as I was warned about this anticipated trend on Day One of my training with SSA almost 30 years ago. They knew. Feigning surprise is one thing. Deflecting blame is another. SSA also step all over a previous rule from 2016 which is called the “all evidence rule”–a good rule which mandated that claimants and representatives submit all evidence they had or knew about, regardless of whether or not it was favorable to the claim. The reason given for requiring the submission of “all evidence” was that adjudicators–and therefore the Administration–were concerned with making the most accurate decisions possible. Hear hear. But now, with the institution of the “Five-day Rule”, SSA can not hide from the divergent goals of an “all evidence rule” assuring accuracy and a “Five-day Rule” admittedly created for expediency.
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