The DOL’s recent amendments to the disability claim regulations, 29 C.F.R. §  2560.503-1, became effective January 18, 2017, but the new provisions in that new regulation do not take effect until January 1, 2018 (for claims filed after that date).

The January 18, 2017 effective date was apparently intentional, as it was just before inauguration day.

On January 20, 2016, Reince Priebus issued a Presidential Memorandum advising the heads of all executive departments and agencies to, among other things, delay implementation of any regulation that had not taken effect prior to January 20, 2017. The purpose of the postponement is to  review “questions of fact, law, and policy” raised by the regulation.

Is the new regulation “saved” from the effect of this memorandum because it became effective on January 18, 2017? Or does the fact that the actual changes do not take effect until January 1, 2018 allow the new administration to conclude that it remains subject to review? Time will tell.