TN 47 (08-96)

DI 42586.080 Stieberger Disability Adjudication

A. Background

1. General qcquiescence policy

SSA will issue an Acquiescence Ruling (AR) if a Circuit Court issues a decision which SSA determines contains a holding that is contrary to SSA's interpretation of the Social Security Act or regulations. The AR will identify the issue(s) involved and explain how to apply the holding.

2. Additional Stieberger procedures

In addition to the general acquiescence procedures found at GN 03501.001, the Stieberger settlement agreement requires the procedures in this section. These procedures only apply to residents of New York State.

B. Process

1. Apply second circuit holdings

The Stieberger settlement agreement requires all persons who decide Social Security Act disability benefit claims of New York State residents or who review such decisions to follow and apply the holdings of the United States Court of Appeals for the Second Circuit, as explained below, except when written instructions to the contrary are issued by Central Office.

2. Manual of Second Circuit Disability Decisions and Second Circuit Disability Decisions

To assist disability decisionmakers (and reviewers) at all levels of adjudication, Central Office will issue:

  • a “Manual of Second Circuit Disability Decisions” and

  • copies (one per office) of published Second Circuit disability decisions issued after June 17, 1992.

To Link to this section - Use this URL:
DI 42586.080 - <Italic> Stieberger</Italic> Disability Adjudication - 03/17/1997
Batch run: 04/14/2014