Comment from Brown, Cindy, none

Document ID: SSA-2008-0005-0004
Document Type: Public Submission
Agency: Social Security Administration
Received Date: July 11 2008, at 09:38 AM Eastern Daylight Time
Date Posted: July 14 2008, at 12:00 AM Eastern Standard Time
Comment Start Date: June 13 2008, at 12:00 AM Eastern Standard Time
Comment Due Date: August 12 2008, at 11:59 PM Eastern Standard Time
Tracking Number: 806697f4
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This is comment on Proposed Rule

Clarification of Evidentiary Standard for Determinations and Decisions

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Dear Commissioner Astrue, I am confused by the proposal for the definition for substantial evidence. I am unclear how the definition for substantial evidence works with 404.918 (a) (3) when the preamble says that only the Appeals Council uses this standard when it reviews decisions by administrative law judges. How does this work? Are you adding authority to the Associate Commissioner for Disability Determinations? Did the preamble gloss over this point? I am unclear how the definition for substantial evidence works with 404.970. What is the difference between it and the existing standard in paragraph b contrary to the weight of the evidence? Is the new definition identical to the weight of the evidence standard or are they different? How are they different? Please consider my comments.