Comment from Morrisson, Doug, Self

Document ID: SSA-2008-0005-0005
Document Type: Public Submission
Agency: Social Security Administration
Received Date: July 18 2008, at 09:38 AM Eastern Daylight Time
Date Posted: July 21 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: 80685634
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This is comment on Proposed Rule

Clarification of Evidentiary Standard for Determinations and Decisions

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Follow up comment from Doug Morrisson As to the preponderance of the evidence standard, how is this applied? Does the claimant have to establish the case by a preponderance of the evidence, or does the Appeals Council remand to the ALJ unless the ALJ has supported the decision by a preponderance of the evidence? Also, how does the preponderance standard at the ALJ level interact with the burden shift at step 5 of the analysis?