The New York Regional Office will promptly provide each pertinent office with a copy of any new Second Circuit decision.

Central Office also will issue instructions on the decision.

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  Central Office will issue instructions or copies of the court's opinion within ten business days after the Second Circuit issues a mandate in the case or designates the opinion for publication, whichever is later.

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  If copies of the court's opinion are initially distributed without instructions, Central Office will issue written instructions within 90 days after the Second Circuit issues a mandate in the case or designates the opinion for publication, whichever is later. The circuit court will generally issue a mandate in a case within 52 days of issuing its decision.

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  These instructions are issued for inclusion in the “Manual of Second Circuit Disability Decisions.”

Once a Second Circuit disability decision mandate issues, decisionmakers must apply the holdings of all Second Circuit disability decisions even if no instructions have been issued by CO. However, SSA may issue a special instruction not to apply some or all of the holdings stated in the decision. See DI 42586.080.

In general, a holding is a legal principle that forms the basis of the court's decision on any issue in the case. There may be more than one holding in a decision. A holding must be applied whenever the principle is relevant.

Any questions concerning the application of a Second Circuit holding should be immediately directed to:

Disability Programs Branch New York Regional Office