TN 9 (05-02)

GN 03106.040 Effectuating Court Decisions - General

A. POLICY

A Federal court may dismiss, affirm, remand or reverse the final decision of the Commissioner of SSA in whole or in part, or may take any combination of actions where more than one issue is being considered.

B. PROCEDURE

1. Orders Resulting from the Court's Action

Orders resulting from the court's action must be effectuated on an expedited basis. Any delay effectuating a court decision when no appeal was filed may cause:

  • A lawsuit alleging that the Commissioner was not following a court order;

  • A hardship to the beneficiaries who have been awarded benefits by the courts; and

  • Adverse publicity for SSA.

2. OGC or OALC Request Halt to Implementation of Order

On occasion either the OGC or the OALC will request that implementation of the court order be halted. This may occur because SSA wants to appeal the court order.

When OGC, OALC and the Department of Justice (DOJ)) agree that a court order requiring payment of benefits should be appealed, OGC or OALC will contact the effectuating component (OCO/PSC in title II cases and RO/FO in title XVI cases) by telephone requesting that benefit effectuation be halted. OGC or OALC will provide written confirmation of the halt request by preparing and releasing GN 03106.099, Exhibit D. If no appeal is filed, or if the Commissioner is not successful on appeal, OGC or OALC will again contact the effectuating component by telephone and confirm in writing by preparing and releasing a memorandum (see GN 03106.099, Exhibit E) requesting that effectuation of the court order be resumed.

3. FO First Becomes Aware of Court Decision

It is not uncommon for a FO to be contacted by a claimant or his/her attorney inquiring into the status of the effectuation of a court decision before the FO has been notified of the court decision by OGC or OALC. In such a circumstance, the FO should ask the claimant/representative for a copy of the court decision. The FO should then contact the regional litigation coordinator via the ARC-MOS, or other component designated by the Regional Commissioner.


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0203106040
GN 03106.040 - Effectuating Court Decisions - General - 08/29/2003
Batch run: 01/27/2009
Rev:08/29/2003