BASIC (08-11)

DI 52755.030 Exhibits of Notices for Denying Requests for Re-adjudication of Interim Period Cases

A. Notice when AR does not apply

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.

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

Use an SSA-L951-U2 for title II and an 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)) reviewed under Acquiescence Ruling 97-4(9), Chavez v. Bowen of (date).

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

This is because       

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 and, if so, whether application of the Ruling will change the decision on 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 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.