TN 55 (07-15)

Citations:

20 CFR § 404.1508, 416.908, 404.1512, 416.912, 404.1516, 416.916

A. Explain submission of evidence policy to the claimant

If a claimant indicates he or she cannot, or will not, submit to us or authorize us to obtain medical evidence that relates to his or her claim due to religious or personal reasons, explain that:

• the claimant’s impairment must be established by medical evidence;

• the claimant has a duty to submit or inform us about all evidence that relates to whether or not he or she is blind or disabled, in its entirety;

• we will not excuse the claimant from satisfying this duty based on religious or personal reasons;

• if the claimant does not submit to us or authorize us to obtain all related medical evidence, we will have to make a disability determination based on information available in the case; and

• if the evidence is insufficient, we will make a determination based on the evidence we have and may deny the claim.

B. Procedure when a claimant indicates unwillingness to provide medical evidence that relates to the claim

After informing the claimant of the agency’s submission of evidence policy:

• document the conversation on Form SSA-5002 (Report of Contact) in the Electronic Disability Collect System (EDCS), or on a paper Form SSA-5002 for EDCS exclusions;

• if the claimant provides, agrees to provide, or authorizes us to obtain any medical evidence, send the folder to disability determination services for a determination; and

• if the claimant will not provide or authorize access to any medical evidence, deny the claim using instructions for failure to cooperate in section DI 11018.005.