Last Update: 9/08/05 (Transmittal I-3-36)
When the Appeals Council relies on Medical Support Staff (MSS) comments to make a decision, the Appeals Council must enter the MSS analysis into the record as an exhibit. If the decision is less than fully favorable, the Appeals Council must proffer the MSS report to the claimant or representative for comment before entering it into the record.
When the Appeals Council obtains an MSS opinion but does not rely on it to reach its decision, the Council does not make the MSS analysis a part of the record. The opinion is then considered to be a staff analysis and is retained in the appeals file.