Five Day Rule for Evidence Submission *Important New Rule!*

As of May 1, 2017, a new and extremely important SSA rule is active.    All medical evidence must be submitted five business days prior to the hearing.  If the medical evidence is not submitted within this timeframe, the judge does not have to review or even consider.   The Social Security Administration considers the day prior to five business days as the last day to submit records.  For example, if a hearing is scheduled for January 1, 2018, all evidence must be submitted prior to December 25, 2017.

There are exceptions to this rule.  The ALJ (judge) will consider evidence submitted after the five day rule only if:

  • The SSA misled you;
  • You had a physical, mental or linguistic limitation that prevented you from informing SSA of the outstanding records’
  • You were seriously ill’
  • There was a death or serious illness in your immediate family; or
  • You actively and diligently sought evidence from a source and the evidence was not received or was received within five business days prior to the hearing

You can read federal statute here:  20 C.F.R. § 405.935

This means accurately obtaining and submitting medical records is now even more vital and must be done properly.  Remember, if you do not submit the evidence within five days, the hearing judge will not consider.  Ordering, verifying and submitting medical records is an arduous and difficult process.

Viner Disability Law will ensure no records are missing from your casefile.  Our office will handle obtaining and submitting all outstanding medical records.  Knowing where and how to order medical records is complicated and expensive.  Each medical facility has unique procedures and guidelines to obtain your medical records.  You’ve got enough to worry about, let Viner Disability Law do this for you.  Call us at 720-515-9012!