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SSR 16-3p Revised

October 31, 2017

Is “effective date” different than “applicable date”? Yes, according to the Office of the Federal Register. In response, the Social Security Administration (SSA) has revised Social Security Ruling (SSR) 16-3p, to reflect the change in terminology from “effective” to “applicable.”  SSR 16-3p had rescinded SSR 96-7p, and governs the evaluation of symptoms in disability claims.  See the March 2016 edition of this newsletter for more details: http://www.empirejustice.org/issue-areas/disability-benefits/rules--regulations/ssr-16-3p-evaluates-symptoms.html#.We9z18te670.

SSA is now republishing SSR 16-3p in its entirety to clarify that adjudicators should apply SSR 16-3p when making determinations and decisions on or after March 28, 2016. U.S.  District Courts should review claims using the rules that were in effect at the time the decision under review was issued.  But if a court remands a claim for further proceedings after the   applicable date of the ruling (March 28, 2016), SSA will apply SSR 16-3p to the entire period under     review on remand.
The SSR was also “updated” to reference revised regulations issued on March 27, 2017 – the infamous changes to the treating physician regulations outlined at http://www.empirejustice.org/issue-areas/disability-benefits/rules--regulations/treating-physician-1.html#.We92pcte670.

According to SSA, the SSR is otherwise unchanged. The “revised” SSR was published in the Federal Register on October 25, 2017. https://www.federalregister.gov/documents/2017/10/25/2017-23143/social-security-ruling-16-3p-titles-ii-and-xvi-evaluation-of-symptoms-in-disability-claims.

 





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