If the individual does not meet the criteria shown at DI 52707.015B.1, the field office will use the DPS notice titled “Earley Notice of Technical Denial.” Appeal rights are not included in these notices.

The following language and options are included in the notice template:

We are writing to tell you that we received your request to have your claim(s) for Social Security Disability Insurance benefits and/or Supplemental Security Income payments of (date of prior decision) reviewed under Acquiescence Ruling 24-1(6), Earley v. Commissioner of Social Security.

We have looked at your case and decided that application of the Ruling could not change the prior decision. The Ruling does not apply to your claim because (insert here the relevant explanation(s) of why the AR could not change the prior determination or decision, listed below). The earlier decision remains in effect.

This Ruling does not apply to your prior claim because:

• •

  The date of the notice of the decision on your claim is not within the period from June 27, 2018 (the date of the court decision) through December 1, 2024 (the day before the effective date of the Ruling) or that decision is not final.

• •

  You did not reside within the Sixth Circuit (Kentucky, Michigan, Ohio, or Tennessee) at the time of the final decision on the claim that you asked us to readjudicate.

• •

  The decision that you asked us to readjudicate 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 final decision by an Administrative Law Judge or the Appeals Council on an earlier disability claim under the same or different Title of the Social Security Act that evaluated the medical or other evidence and decided whether you are disabled.

If the prior determination remains unchanged as a result of readjudication or does not result in an outcome more favorable to the claimant, the Disability Determination Services (DDS) will use Form SSA-L951-U2 for Title II and Form SSA-L8052-U2 for Title XVI and include the following language as well as the language for appeal rights:

We are writing to tell you that we received your request to have your claim(s) for Social Security Disability Insurance benefits and/or Supplemental Security Income payments (date of prior decision) reviewed under Acquiescence Ruling 24-1(6), Earley v. Commissioner of Social Security.

We have looked at your case and decided that application of the Ruling does not change the prior decision on your claim or does not change it to an outcome more favorable to you. The Ruling explains that we must consider certain findings from past disability decisions but are not bound by those findings when making a decision about a new time period. When we considered the findings from your past disability decision as evidence in making a decision about the new time period, this evidence did not change the prior decision to a more favorable one regarding your eligibility or entitlement to disability benefits.

We Did Not Decide If You Are Currently Disabled

It is important for you to know that we did not make a decision about whether you are currently disabled. We only decided 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.

When a claimant requests readjudication and the readjudication changes the prior determination, but it results in an award of some, but not all benefits requested in the application, the DDS will use Form SSA-L951-U2 for Title II and Form SSA-L8052-U2 for Title XVI and include the following language as well as appeal rights:

We are writing to tell you that we received your request to have your claim(s) for Social Security Disability Insurance benefits and/or Supplemental Security Income payments of (insert date of prior decision) reviewed under Acquiescence Ruling 24-1(6), Earley v. Commissioner of Social Security.

We have looked at your case and decided that application of the Ruling does change the prior decision on your claim, but we cannot grant all benefits you requested in your application. The Ruling explains that we must consider certain findings from past disability decisions but are not bound by those findings when deciding about a new period. When we considered the findings from your past disability decision as evidence in deciding about the new period, this evidence resulted in a more favorable decision regarding your eligibility or entitlement to disability benefits than our earlier decision.

When a claimant requests readjudication and the readjudication changes the prior decision or determination resulting in a granting of all benefits requested in the application, the DDS will use Form SSA-L951-U2 for Title II and Form 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 claim(s) for Social Security Disability Insurance benefits and/or Supplemental Security Income payments of (date of prior decision) reviewed under Acquiescence Ruling 24-1(6), Earley v. Commissioner of Social Security.

We have looked at your case and decided that application of the Ruling does change the prior decision on your claim, and we found you disabled from (EOD). We will grant all benefits you requested in your application.