20 C.F.R. § 404.1512

Responsibility for evidence

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(a) Your responsibility—(1) General. In general, you have to prove to us that you are blind or disabled. You must inform us about or submit all evidence known to you that relates to whether or not you are blind or disabled (see § 404.1513). This duty is ongoing and requires you to disclose any additional related evidence about which you become aware. This duty applies at each level of the administrative review process, including the Appeals Council level if the evidence relates to the period on or before the date of the administrative law judge hearing decision. We will consider only impairment(s) you say you have or about which we receive evidence. When you submit evidence received from another source, you must submit that evidence in its entirety, unless you previously submitted the same evidence to us or we instruct you otherwise. If we ask you, you must inform us about:

(i) Your medical source(s);

(ii) Your age;

(iii) Your education and training;

(iv) Your work experience;

(v) Your daily activities both before and after the date you say that you became disabled;

(vi) Your efforts to work; and

(vii) Any other factors showing how your impairment(s) affects your ability to work. In §§ 404.1560 through 404.1569, we discuss in more detail the evidence we need when we consider vocational factors.

(2) Completeness. The evidence in your case record must be complete and detailed enough to allow us to make a determination or decision about whether you are disabled or blind. It must allow us to determine—

(i) The nature and severity of your impairment(s) for any period in question;

(ii) Whether the duration requirement described in § 404.1509 is met; and

(iii) Your residual functional capacity to do work-related physical and mental activities, when the evaluation steps described in § 404.1520(e) or (f)(1) apply.

(b) Our responsibility—(1) Development. Before we make a determination that you are not disabled, we will develop your complete medical history for at least the 12 months preceding the month in which you file your application unless there is a reason to believe that development of an earlier period is necessary or unless you say that your disability began less than 12 months before you filed your application. We will make every reasonable effort to help you get medical evidence from your own medical sources and entities that maintain your medical sources' evidence when you give us permission to request the reports.

(i) Every reasonable effort means that we will make an initial request for evidence from your medical source or entity that maintains your medical source's evidence, and, at any time between 10 and 20 calendar days after the initial request, if the evidence has not been received, we will make one follow-up request to obtain the medical evidence necessary to make a determination. The medical source or entity that maintains your medical source's evidence will have a minimum of 10 calendar days from the date of our follow-up request to reply, unless our experience with that source indicates that a longer period is advisable in a particular case.

(ii) Complete medical history means the records of your medical source(s) covering at least the 12 months preceding the month in which you file your application. If you say that your disability began less than 12 months before you filed your application, we will develop your complete medical history beginning with the month you say your disability began unless we have reason to believe your disability began earlier. If applicable, we will develop your complete medical history for the 12-month period prior to the month you were last insured for disability insurance benefits (see § 404.130), the month ending the 7-year period you may have to establish your disability and you are applying for widow's or widower's benefits based on disability (see § 404.335(c)(1)), or the month you attain age 22 and you are applying for child's benefits based on disability (see § 404.350).

(2) Obtaining a consultative examination. We may ask you to attend one or more consultative examinations at our expense. See §§ 404.1517 through 404.1519t for the rules governing the consultative examination process. Generally, we will not request a consultative examination until we have made every reasonable effort to obtain evidence from your own medical sources. We may order a consultative examination while awaiting receipt of medical source evidence in some instances, such as when we know a source is not productive, is uncooperative, or is unable to provide certain tests or procedures. We will not evaluate this evidence until we have made every reasonable effort to obtain evidence from your medical sources.

(3) Other work. In order to determine under § 404.1520(g) that you are able to adjust to other work, we must provide evidence about the existence of work in the national economy that you can do (see §§ 404.1560 through 404.1569a), given your residual functional capacity (which we have already assessed, as described in § 404.1520(e)), age, education, and work experience.

[82 FR 5864, Jan. 18, 2017]

Notes of Decisions

Cited in 3,527 cases (1,956 in the last 5 years), 1979–2026 · leading case: Rivera v. Comm'r of Soc. Sec., 368 F. Supp. 3d 626 (S.D. Ill. 2019).

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Rivera v. Comm'r of Soc. Sec., 368 F. Supp. 3d 626 (S.D. Ill. 2019). · cites it 6× “See 20 C.F.R. §§ 404.1512 (f) (2015), 404.1560(c), 406.”

Coleman v. Astrue, 498 F.3d 767 (8th Cir. 2007). · cites it 6× “20 C.F.R. § 404.1512 (a); Thomas v. Sullivan, 928 F.”

Hilsdorf v. Comm'r of Soc. Sec., 724 F. Supp. 2d 330 (E.D.N.Y 2010). · cites it 7× “§ 423 (d)(5)(B) (providing that ALJ “shall develop a complete medical history of at least the preceding twelve months for any case in which a determination is made that the individual is not under a disability”) (emphasis added); 20 C.F.R. § 404.1512 (d) (“Before we make a…”

Joyce Jones v. Michael Astrue, Comm'r, 691 F.3d 730 (5th Cir. 2012). · cites it 5× “2 Jones argues that 20 C.F.R. § 404.1512 (e)(1) (eff. Aug. 1, 2006, to June 12, 2011) required the ALJ to contact Young to ensure that he did not have any more records that might lend support to his conclusions.”

Calzada v. ASTURE, 753 F. Supp. 2d 250 (S.D.N.Y. 2010). · cites it 5× “20 C.F.R. §§ 404.1512 (d), 416.912(d). Furthermore, the ALJ must seek additional evidence or clarification when the "report from claimant’s medical source contains a conflict or ambiguity that must be resolved, the report does not contain all the necessary information, or does…”

Noreja v. Comm'r, SSA, 952 F.3d 1172 (10th Cir. 2020). · cites it 2× “The Appeals Council then issued this directive: Upon remand the Administrative Law Judge will:  Obtain additional evidence concerning the claimant’s mental impairments in order to complete the administrative record in accordance with the regulatory standards regarding…”

Carl Edlund v. Larry G. Massanari, Acting Comm'r of Soc. Sec., 253 F.3d 1152 (9th Cir. 2001). · cites it 2× “(citing 20 C.F.R. §§ 404.1512 (a)-(b), 404.1513(d)).”

Myers v. Berryhill, 373 F. Supp. 3d 528 (M.D. Penn. 2018). · cites it 3× “§ 1382c(a)(3)(H)(i); 20 C.F.R. § 404.1512 ; id. § 416.912; Mason , 994 F.”

Peggy Mayes v. Larry G. Massanari, Comm'r of Soc. Sec., 276 F.3d 453 (9th Cir. 2001). · cites it 2× “20 C.F.R. § 404.1512 (a) (2000). Accord 20 C.”

Norman v. Astrue, 912 F. Supp. 2d 33 (S.D.N.Y. 2012). · cites it 4× “2010) (quoting regulation formerly codified at 20 C.F.R. § 404.1512 (e)(1)); see also Clark v.”

Maes v. Astrue, 522 F.3d 1093 (10th Cir. 2008). · cites it 3× “Specifically, 20 C.F.R. § 404.1512 (d) states that “[b]efore we make a ■ determination that you are not disabled, we will develop your complete medical history.”

Ramona PEREZ, Plaintiff-Appellant, v. Shirley S. CHATER, Comm'r of Soc. Sec. Admin., Defendant-Appellee, 77 F.3d 41 (2d Cir. 1996). · cites it 3× “” 20 C.F.R. § 404.1512 (d). The regulations also state that, “[w]hen the evidence we receive from your treating physician .”

Show all 3,527 citing cases →

— 20 C.F.R. § 404.1512(a) — 10 cases

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Griffith v. Berryhill (C.D. Ill. 2019).

Rodriguez v. Kijakazi (N.D. Ill. 2023).

Boh v. Saul (D. Nev. 2021).

Vazquez v. Comm'r of Soc. Sec. (N.D.N.Y. 2020).

— 20 C.F.R. § 404.1512(a)(1) — 2 cases

Vazquez v. Comm'r of Soc. Sec. (N.D.N.Y. 2020).

Groeger v. Comm'r of Soc. Sec. (W.D.N.Y. 2021).

— 20 C.F.R. § 404.1512(b) — 11 cases

Quigley v. Barnhart, 224 F. Supp. 2d 357 (D. Mass. 2002).

Holcomb v. Soc. Sec. Admin., Comm'r (N.D. Ala. 2024).

Tegan S. v. Saul (D.R.I. 2021).

Civitello v. Kijakazi (D. Conn. 2023).

Berndt v. Comm'r of Soc. Sec. (N.D. Ind. 2020).

— 20 C.F.R. § 404.1512(b)(1) — 5 cases

Holcomb v. Soc. Sec. Admin., Comm'r (N.D. Ala. 2024).

Pearson v. Berryhill (D. Del. 2020).

Perez v. Comm'r of Soc. Sec. (E.D.N.Y 2023).

Vazquez v. Comm'r of Soc. Sec. (N.D.N.Y. 2020).

Brazil v. Berryhill (S.D.N.Y. 2020).

— 20 C.F.R. § 404.1512(b)(1)(i) — 8 cases

Prieto v. Saul (S.D.N.Y. 2021).

Commisso v. Comm'r of Soc. Sec. (E.D.N.Y 2022).

Skartados v. Comm'r of Soc. Sec. (E.D.N.Y 2022).

Thomas v. Comm'r of Soc. Sec. (E.D.N.Y 2022).

Hernandez, Jr. v. Comm'r of Soc. Sec. (E.D.N.Y 2022).

— 20 C.F.R. § 404.1512(b)(2) — 1 case

Gentle v. Comm'r of Soc. Sec. (M.D. Fla. 2023).

— 20 C.F.R. § 404.1512(b)(3) — 2 cases

Knox v. Astrue, 572 F. Supp. 2d 926 (N.D. Ill. 2008).

Loyd v. Soc. Sec. Admin., Comm'r (N.D. Ala. 2020).

— 20 C.F.R. § 404.1512(b)(4) — 1 case

Quigley v. Barnhart, 224 F. Supp. 2d 357 (D. Mass. 2002).

— 20 C.F.R. § 404.1512(b)(5) — 7 cases

Gigstead v. Comm'r, Soc. Sec. Admin. (D. Colo. 2020).

Foster v. Saul (S.D. Ind. 2019).

Leggett v. Soc. Sec. Admin. (D. Mass. 2018).

Dorow v. Soc. Sec. Admin. (D. Mass. 2018).

Gonzales v. Soc. Sec. Admin. (D.N.M. 2020).

— 20 C.F.R. § 404.1512(b)(6) — 1 case

Brown v. Comm'r of Soc. Sec. (N.D. Ohio 2020).

— 20 C.F.R. § 404.1512(c) — 10 cases

Aytch v. Astrue, 686 F. Supp. 2d 590 (E.D.N.C. 2010).

Todd v. Apfel, 8 F. Supp. 2d 747 (W.D. Tenn. 1998).

Corbell v. Soc. Sec. Admin., Comm'r (N.D. Ala. 2021).

(SS) Donna Murphy v. Comm'r of Soc. Sec. (E.D. Cal. 2019).

(SS) Erb v. Comm'r of Soc. Sec. (E.D. Cal. 2019).

— 20 C.F.R. § 404.1512(d) — 6 cases

Smith ex rel. J.H. v. Colvin, 935 F. Supp. 2d 496 (N.D.N.Y. 2013).

Beauclair v. Barnhart, 453 F. Supp. 2d 1259 (D. Kan. 2006).

David B. Warren v. Donna E. Shalala, Sec'y of Health & Human Servs., 52 F.3d 339 (10th Cir. 1995).

Murray v. Comm'r of Soc. Sec. (M.D. Fla. 2019).

Stewart-brown v. Saul (E.D. Pa. 2021).

— 20 C.F.R. § 404.1512(e) — 7 cases

Hall v. Astrue, 677 F. Supp. 2d 617 (W.D.N.Y. 2009).

McCray v. Massanari, 175 F. Supp. 2d 1329 (M.D. Ala. 2001).

Butler v. Astrue, 926 F. Supp. 2d 466 (N.D.N.Y. 2013).

Maxwell v. Kijakazi (CONSENT) (M.D. Ala. 2023).

Davis v. Soc. Sec. Admin., Comm'r (N.D. Ala. 2021).

— 20 C.F.R. § 404.1512(e)(1) — 2 cases

Norman Church v. Donna E. Shalala, 21 F.3d 1120 (10th Cir. 1994).

Burstein v. Comm'r of Soc. Sec. (E.D.N.Y 2020).

— 20 C.F.R. § 404.1512(e)(2) — 1 case

Butler v. Astrue, 926 F. Supp. 2d 466 (N.D.N.Y. 2013).

— 20 C.F.R. § 404.1512(g) — 1 case

Greg Oliver v. Aetna Life Ins. Co., 613 F. App'x 892 (11th Cir. 2015).

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