TN 60 (08-96)
DI 32586.080 Application of Second Circuit Holdings -- Stieberger
The New York Regional Office will promptly provide each DDS office with a copy of any new Second Circuit decision.
2. CO instructions
CO will issue instructions or copies of the court's opinion within ten business days after the Second Circuit issues a mandate in the case or designates the opinion for publication, whichever is later. If copies of the court's opinion are initially distributed without instructions, CO will issue written instructions within 90 days after the Second Circuit issues a mandate in the case or designates the opinion for publication, whichever is later. The circuit court will generally issue a mandate in a case within 52 days of issuing its decision. These instructions are issued to each adjudicator for inclusion in the Manual of Second Circuit Disability Decisions.
3. No instructions issued
Once a Second Circuit disability decision mandate issues, decisionmakers (and reviewers) must apply the holdings of Second Circuit disability decisions (see Exhibit 1, DI 32586.095) even if no instructions have been issued by CO and even if the holdings are not in the Manual. (See DI 32586.085). In general, a holding is a legal principle that is the basis of the court's decision on any issue in the case. There may be more than one holding in a decision. A holding must be applied whenever the legal principle is relevant.
Any questions concerning the application of a Second Circuit holding should be immediately directed to:
Disability Programs Branch
New York Regional Office