TN 60 (08-96)

DI 32586.085 Special Instructions -- Stieberger

A. Background

If further action is pending in a Second Circuit decision, SSA may issue instructions advising decisionmakers not to apply some or all of the holdings stated in the decision. See DI 32586.095, Exhibit 1.

B. Policy

1. List claims

Decisionmakers shall list all claims that might be affected if the holding were applied. CO will provide specific listing instructions once a decision is made not to apply a holding.

2. Special notice language

The following language shall be contained in all notices in claims that might be affected if the holding were applied.

“If you do not agree with this decision, you can appeal. You must ask for an appeal within 60 days.”

“You should know that we decided your claim without applying all of what the court said about the law in ( see “fill in,” below). (  See “fill in, below”  ) is a recent court ruling that we do not consider final because it may be reviewed further by the courts. If it becomes final, we may contact you again.

“If you disagree with our decision in your case, do not wait for us to contact you. You should appeal within 60 days of the date you receive this notice. If you do not appeal within 60 days, you may lose benefits.”

Fill in: Name of case, e.g., John Q. Public v. Chater.

3. Instructions not to apply holding rescinded or modified

If an instruction not to apply a Second Circuit holding is rescinded or modified, the following claims shall be retrieved and readjudicated:

  • all listed claims, and

  • the claim of any individual who shows that the determination made on his or her claim was made after the effective date of the instruction not to apply a holding in the court decision in question and may have been affected by application of the final court decision.


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0432586085
DI 32586.085 - Special Instructions -- Stieberger - 02/21/2013
Batch run: 02/21/2013
Rev:02/21/2013