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
Disability Programs Branch
New York Regional Office