TN 9 (05-02)

GN 03106.075 Applicability of Decision to Other Cases

A. POLICY

Do not apply a court decision that was issued in one case to other cases. If the court's ruling will be adopted for other cases, revised instructions will be issued.

B. PROCEDURE

1. District Court

If a district court ruling for one case is adopted for other cases, POMS and/or Social Security Rulings (SSR) will be issued providing specific guidance.

2. Circuit Court

Circuit court decisions that conflict with SSA policy are not applied to claimants who are not named plaintiffs (or class members in class action lawsuits), unless SSA issues an Acquiescence Ruling (AR). (See GN 03501.001.)

3. Supreme Court

An interpretation of a provision of the Social Security Act by the Supreme Court of the United States must be applied as a precedent in all similar cases. When the Supreme Court issues a decision adverse to SSA, instructions regarding implementation of the decision are issued as soon as possible. Until instructions are issued, direct questions regarding the decision to OALC through the PSC or the ARC-MOS to coordinate litigation activities. See GN 03106.020F. for a hyperlink to OALC telephone numbers.


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0203106075
GN 03106.075 - Applicability of Decision to Other Cases - 08/28/2003
Batch run: 01/27/2009
Rev:08/28/2003