Effective Dates: 1/20/2026 - Present

Identification Number:
DI 52755 TN 4
Intended Audience:
Originating Office:ORDP ODP
Title:Chavez Acquiescence Ruling (AR)
Type:POMS Full Transmittals
Program:All Programs
Link To Reference:
 

PROGRAM OPERATIONS MANUAL SYSTEM

Part DI – Disability Insurance

Chapter 527 – Acquiescence Rulings

Subchapter 55 – Chavez Acquiescence Ruling (AR)

Transmittal No. 4, 01/20/2026

Originating Component

ODP

Effective Date

Upon Receipt

Background

This section describes necessary Field Office actions for claims falling within the purview of the Chavez AR. It instructs FO employees to obtain information from the OHAQ. This query was retired in or at the end of the 2024 fiscal year. Therefore, this section is out of date.

Summary of Changes

DI 52755.015 FO Responsibilities

We are removing language requiring FO employees to use the OHAQ to obtain information on the disposition of prior claims, Rather than including an alternative process, we are referring to DI 11005.085 - Prior Claims Activity, which explains how to obtain this information. Subsection B also includes some new processes (for example, a requirement that all prior decisions are coded and documented on the paper SSA-3367 or the Electronic Disability Collect System (EDCS) 3367 disability report prior filing history).

We are also including a new subsection (C) with instructions about the handling of paper folder cases. Most of these instructions were previously included in subsection B.

DI 52755.015 FO Responsibilities

A. Policy

The prior file or a copy of the Administrative Law Judge (ALJ) or Appeals Council (AC) decision must be requested any time the Chavez Acquiescence Ruling applies in adjudicating a subsequent claim. In the 9th Circuit (AK, AZ, CA, GU, HI, ID, MT, NV, MP, OR, WA), the Chavez AR applies when there was a prior final ALJ or AC denial, or a partially favorable decision on the claimant’s previous claim under the same title of the Act. The Chavez AR does not cover fully favorable, withdrawal, abandonment, and other dismissal decisions. There is no limit as to how much time may have elapsed since the last ALJ/AC decision. See DI 52755.005 for additional information.  

B. Procedures

1. Prior claim activities

See DI 11005.085 for guidance on prior claims activities. (Per DI 11005.085B.3.a., Field Offices (FO) should provide the Disability Determination Services (DDS) with prior files located in any FO location.)

2. Initial disability interview/development

In addition to the usual actions, take the following actions:

  • •

    Ask the claimant about any prior disability claims and the last adjudicative level at which each claim was decided.

  • •

    Verify the claimant's report using agency data. For instructions on identifying prior disability claims and the last adjudicative level at which they were decided, consult DI 11005.085 - Prior Claims Activity.

  • •

    Ensure all prior decisions are coded and documented on the paper SSA-3367 or the Electronic Disability Collect System (EDCS) 3367 disability report prior filing history per the instructions in DI 11005.045 - Completing the SSA 3367.

  • •

    Use the 'Class Action/Court Case' Flag in EDCS to alert the DDS that a claim requires application of the Chavez AR. In the Description section of the flag, enter the remarks "Chavez Case - ALJ (or AC) decision(s) dated MM/DD/YYYY".

    • –

      IMPORTANT: Include the decision date of every prior ALJ or AC decision in the Description section of the flag.

  • •

    If the AC takes an unfavorable action on a claimant's request for review, the claim file is retained in Disability Adjudication Headquarters for five months pending potential filing of a civil action. In such instances, obtain a copy of the ALJ or AC decision and forward it to the DDS.

NOTE: The Chavez screening guide (SSA-509) helps technicians to determine Chavez applicability and provides a clear, easy to locate, explanation of applicability, or lack thereof, for current and future adjudicators. The SSA-509 is available in Uniforms through EDCS. Its use is strongly recommended.  

3. Paper Folders

Whenever there is a prior paper folder related to an ALJ or AC decision, request it be sent to DDS per the instructions in DI 11005.085 - Prior Claims Activity.

If the prior paper folder is not received within 30 days, obtain a copy of the ALJ or AC decision from the claimant, enter it into the subsequent file, and notify DDS (or, if the subsequent file is also a paper folder, forward it to DDS).

If records of the prior ALJ/AC decisions are not available, contact the claimant, their attorney/authorized representative, or the Office of Hearings Operations (OHO) to see if the prior decision can be obtained. If the claimant or their attorney/authorized representative cannot provide a copy of the decision, document this in the remarks section of the SSA-3367 in EDCS. 


DI 52755 TN 4 - Chavez Acquiescence Ruling (AR) - 1/20/2026