TN 47 (08-96)
DI 42586.083 Application of Second Circuit Disability Holdings -- Stieberger
Apply the holdings of the Second Circuit Court of Appeals. Each pertinent office will maintain a file of all Second Circuit disability decisions issued after June 18, 1992. Individual decisionmakers are not required to maintain their own file of Second Circuit disability decisions. For further information, see DI 42586.095, Exhibit 8.
The New York Regional Office will promptly provide each pertinent office with a copy of any new Second Circuit decision.
2. Central Office instructions
Central Office also will issue instructions on the decision.
Central Office 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, Central Office 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 for inclusion in the “Manual of Second Circuit Disability Decisions.”
3. No instructions issued
Once a Second Circuit disability decision mandate issues, decisionmakers must apply the holdings of all Second Circuit disability decisions even if no instructions have been issued by CO. However, SSA may issue a special instruction not to apply some or all of the holdings stated in the decision. See DI 42586.080.
In general, a holding is a legal principle that forms 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 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