BASIC (08-00)

DI 52706.030 Exhibits - Notices For Denying Requests For Readjudication Under the Dennard AR

A. Notice when ruling does not apply

Use Form SSA-L951-U2 for title II and Form SSA-L8052-U2 for title XVI. Include the following language, selecting the appropriate reason or reasons why the Ruling does not apply.

  • We are writing to tell you that we received your request to have your (title(s) II and/or XVI claim(s)) of (date) reviewed under Acquiescence Ruling 98-3(6), Dennard v. Secretary of Health and Human Services. [NOTE: Include the following statement if the individual also requested application of the Drummond AR (DI 52705.001) or if the prior claim is a Drummond AR/Dennard AR interim period case (See DI 52706.010B.6 and DI 52706.010C.2): We will send you another letter about a review of your claim(s) under Acquiescence Ruling 98-4(6), Drummond v. Commissioner of Social Security.]

    We have looked at your case and have determined that the Dennard Acquiescence Ruling does not apply to your prior claim.

    WHY THIS RULING DOES NOT APPLY TO YOUR CLAIM

    This Ruling does not apply to your prior claim because:

    ____The date of the notice of the final decision on your prior claim is not within the period from April 10, 1990 (the date of the court decision) through May 31, 1998, the day before the publication of the Ruling.

    ____The claim was not under the same title of the Social Security Act as an earlier disability claim.

    ____The claim did not involve deciding whether you were disabled during a period different than the period covered by a decision on an earlier disability claim.

    ____There was no prior decision by an Administrative Law Judge or the Appeals Council on an earlier disability claim under the same title of the Social Security Act that included a finding of the demands of your past relevant work, or a finding of your date of birth, education or work experience.

    ____You did not reside within the Sixth Circuit (Kentucky, Michigan, Ohio, Tennessee) at the time of the decision on your claim of date).

    We Did Not Decide If You Are Currently Disabled

    It is important for you to know that we did not make a decision about whether you are currently disabled. We only decided whether this Ruling covers your prior claim. If you think you are disabled now, you should file a new application at any Social Security Office.

    If You Have Any Questions

    If you have any questions, call us toll-free at 1-800-772-1213. We can answer most questions over the phone. If you prefer to visit one of our offices, please check the local telephone directory for the office nearest you. Or call us and we can give you the office address. Please have this letter with you if you call or visit an office. It will help us answer your questions. Also, if you plan to visit an office, you may call ahead to make an appointment. This will help us serve you more quickly when you arrive at the office.

B. Notice when ruling does not favorably change the determination or decision on the prior claim

Use Form SSA-L951-U2 for title II and Form SSA-L8052-U2 for title XVI and include the following language:

  • We are writing to tell you that we received your request to have your (title(s) II and/or XVI claim(s)) of (date) reviewed under Acquiescence Ruling 98-3(6), Dennard v. Secretary of Health and Human Services. [NOTE: Include the following statement if the individual also requested application of the Drummond AR (DI 52705.001) to the prior claim or if the prior claim is a Drummond AR/Dennard AR interim period case (see DI 52706.010 B.6. and C.2):We will send you another letter about a review of your claim(s) under Acquiescence Ruling 98-4(6), Drummond v. Commissioner of Social Security.]

    We have looked at your case and have determined that the Dennard Acquiescence Ruling does not favorably change the decision on your prior claim. This is because______ (supply language explaining why the application of the Dennard AR would not change the decision on the prior claim to be more favorable to the claimant).

    We Did Not Decide If You Are Currently Disabled

    It is important for you to know that we did not make a decision about whether you are currently disabled. We only decided whether your prior claim is covered by this Ruling and, if so, whether application of the Ruling will change the