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More Rescissions: SSR 96-3p and SSR 96-4p

Empire Justice Center July 31, 2018

SSA published notice of the rescission of SSRs 96-3p and 96-4p, effective June 14, 2018. 83 Fed. Reg. 27816 (June 14, 2018). https://www.gpo.gov/fdsys/pkg/FR-2018-06-14/pdf/2018-12820.pdf

 

As the Administration explains, “These SSRs are unnecessarily duplicative of SSR 16-3p, Evaluation of Symptoms in Disability Claims, which was applicable on March 28, 2016.”

 

“SSR 96-3p clarified how adjudicators should consider allegations of pain and other symptoms in determining whether a medically determinable impairment (MDI) is severe. SSR 16-3p explains . . . that we will consider symptoms and functional limitations to determine whether an impairment is severe unless the objective medical evidence alone establishes a severe MDI or combination of impairments that meets our duration requirement. Therefore, the information contained in SSR 96-3p duplicates policy in SSR 16-3p.”

 

“SSR 96-4p explained that no symptom, by itself, could establish the existence of a medically determinable physical or mental impairment. In SSR 16-3p, we clarified that an individual’s symptoms alone are not enough to establish the existence of a physical or mental impairment or disability, and that we will not find an individual disabled based on alleged symptoms alone.”