TN 24 (01-12)

RS 00207.030 Acquiescence Rulings Background

When a United States Court of Appeals issues a decision pertaining to a Social Security or Supplemental Security Income claim that is in conflict with established SSA policy, SSA will “acquiesce”, i.e., apply the circuit court law by issuing a Social Security Acquiescence Ruling (AR). The ruling describes the court case and explains how SSA will apply the decision within the circuit.

Some Social Security ARs will apply within the appropriate circuit at all administrative levels of adjudication while others may be limited in application within the appropriate circuit to the Administrative Law Judge (ALJ) hearing and the Appeals Council (AC) levels of adjudication. Each ruling clearly states the adjudicative levels to which it applies. See how to handle claims affected by the rulings in AR 86-2R(2): Rosenberg v. Richardson, 538 F.2d 487 (2d Cir. 1976); Capitano v. Secretary of HHS, 732 F.2d 1066 (2d Cir. 1984) — Entitlement of a Deemed Widow When a Legal Widow is Entitled on the Same Earnings Record — Title II of the Social Security Act.