However, there are many reasons why they are unable to do so and for which they are not at fault. Closing the record punishes them for factors beyond their control, including DDS failure to obtain necessary and relevant evidence. SSA failure to explain to the claimant what evidence is important and necessary. Claimants are unable to obtain medical records due to cost. Medical providers, especially treating sources, receive no explanation from SSA or DDS about the disability standard and are not asked for evidence relevant to the claim.
Medical providers ignore, or respond very slowly to, requests for evidence.
So that claimants are not wrongly penalized for events beyond their control, the current system provides a process to submit new evidence. This should not be eliminated in the name of the streamlining. Third, closing the record at the reconsideration level may make the process more formal but it will not improve the quality of the decision-making on the merits of the disability claim. For decades, Congress and the United States Supreme Court have recognized that the informality of SSA's process is a critical aspect of the program. Imposing a time limit to submit evidence and then closing the record is inconsistent with the legislative intent to keep the process informal and with the philosophy of the program.