Use an SSA-L951-U2 for title II and an SSA-L8052-U2 for title XVI. Include the following
language, selecting the appropriate reason or reasons the AR 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 97-4(9), Chavez v. Bowen.
We have looked at your case and have determined that this 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 4/19/88 (the date of the court decision) through 12/2/97 (the day before
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
evaluated the medical or other evidence and decided that you are not disabled.
You did not reside within the Ninth Circuit (Alaska, Arizona, California, Guam, Hawaii,
Idaho, Montana, Nevada, Northern Mariana Islands, Oregon, or Washington) at the time
of the decision on your claim of (date).
We Are Not Deciding If You Are Currently Disabled
It is important for you to know that we are not making a decision about whether you
are currently disabled. We are only deciding whether your prior claim is covered by
this Ruling. 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 you may call us toll free at 1-800-772-1213, or call your
local Social Security office at [FO phone number from TRIDE ]. We can answer most
questions over the phone. You can also write or visit any Social Security office.
The office that serves your area is located at:
[Field Office Address
City, ST, ZIP]
If you do call or visit an office, please have this letter with you. 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.