Who is responsible for deciding equivalence (medical and functional) and making the individualized functional assessment (IFA)?
At the hearings and appeals level, the ALJ or Appeals Council decides medical and functional equivalence and makes the IFA. (20 CFR ยง 416.926a(c); TM Ch. 4, Sect. III. E. 3. and Ch. 6, Sect. I. B. 2. c.) 5. Do we still need to obtain and consider a medical judgment on equivalence by a designated physician (even though Social Security Ruling (SSR) 83-19 was rescinded)? In the preamble to the regulations at 56 FR 5545, the second, third and fourth paragraphs seem to eliminate that requirement. It is OHA’s longstanding policy to require ALJs and the AC to obtain opinions on medical equivalence from medical experts. However, because of the kind of equivalence determinations required in childhood disability claims, the ALJ or AC may not need to obtain medical expert opinion to decide the issue of functional equivalence. Of course, the ALJ or AC is not precluded from obtaining medical expert opinion to decide the issue. 6. Why not skip the meets/equals step and just do functional assessments
