TN 1 (11-24)

DI 52707.005 Scope of the Earley Acquiescence Ruling (AR)

A. Policy

The AR applies at the initial, reconsideration, administrative law judge (ALJ) hearing, or Appeals Council (AC) level when the following are met:

  • There was a decision by an ALJ or the AC on the prior claim and such decision has become final (See DI 52707.010B.3); and

  • The adjudicator is deciding a subsequent disability claim with an unadjudicated period arising under the same Title or a different Title of the Act as a prior disability claim; and

  • The ALJ or AC decision contains findings described in DI 52707.010B.1.a, or DI 52707.010B.1.b, as applicable; and

  • The claimant resides in Kentucky, Michigan, Ohio, or Tennessee at the time of the determination or decision on the subsequent claim at the initial, reconsideration, ALJ hearing, or AC level.

NOTE: The AR does not apply when the requirements for disability on one claim under the same or a different Title (for example, a prior Title XVI child disability claim on which there was a final decision by an ALJ) are not identical to the requirements for disability on the other claim (for example, a current Title XVI adult disability claim).


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0452707005
DI 52707.005 - Scope of the Earley Acquiescence Ruling (AR) - 11/29/2024
Batch run: 11/29/2024
Rev:11/29/2024