Social Security Administration June 13, 2008 – Federal Register Recent Federal Regulation Documents

Clarification of Evidentiary Standard for Determinations and Decisions
Document Number: E8-13282
Type: Proposed Rule
Date: 2008-06-13
Agency: Social Security Administration, Agencies and Commissions
These proposed rules clarify that we apply the preponderance of the evidence standard when we make determinations and decisions at all levels of our administrative review processes. These proposed rules would not change our policy that the Appeals Council applies the substantial evidence standard when it reviews an administrative law judge's decision to determine whether to grant a request for review. We also propose to explicitly define substantial evidence and preponderance of the evidence in applying these rules.
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