TN 4 (08-03)

GN 03501.010 Duration of Acquiescence Rulings

A. Introduction

ARs are generally temporary measures. Once we receive a circuit court decision that we find conflicts with our interpretation of the Social Security Act or our regulations, we will begin considering possible ways of establishing a nationwide uniform policy. An AR remains in effect until we rescind it or until we announce plans to relitigate the issue. Rescission of an AR is effective upon publication of the notice of rescission in the Federal Register.

B. Policy

1. Rescission of an AR

We will rescind an AR as obsolete when any of the following events occur:

  1. The Supreme Court overrules or limits a circuit court holding that was the basis of an AR;

  2. The circuit court overrules or limits itself on an issue that was the basis of the AR;

  3. A Federal law is enacted that removes the basis for the holding in a decision of a circuit court that was the subject of an AR;

  4. We subsequently clarify, modify or revoke the regulation or ruling that was the subject of a circuit court holding that we determine conflicts with SSA’s interpretation of the Act or regulations; or

  5. We subsequently publish new regulation(s) addressing an issue(s) not previously included in SSA’s regulations when that issue was the subject of a circuit court holding that conflicts with our interpretation of the Social Security Act or regulations and that holding was not compelled by the statute or the Constitution.

2. Effect of Rescission

When an AR is rescinded, SSA publishes a notice in the Federal Register stating that the AR is obsolete. When the AR is rescinded, additional instructions may be released as necessary.


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0203501010
GN 03501.010 - Duration of Acquiescence Rulings - 07/13/2012
Batch run: 07/13/2012
Rev:07/13/2012