7.4 Program Operations Manual System (POMS) Flashcards
“What is the Program Operations Manual System (POMS)?”
Answer: “POMS is the SSA’s internal manual that provides guidance to employees on how to process and adjudicate claims.”
Explanation: “Although not legally binding, POMS ensures consistent application of SSA policies.”
Source: SSA POMS Guidelines.
“Can POMS be cited in appeals or legal arguments?”
Answer: “Yes, but it is not legally binding. It is used to demonstrate SSA’s standard practices and procedures.”
Explanation: “POMS is persuasive authority but does not override regulations or statutes.”
“How is POMS updated?”
Answer: “SSA regularly updates POMS to reflect changes in regulations, rulings, and case law.”
Explanation: “Updates ensure POMS aligns with current policies and judicial decisions.”
Case Scenario: Carlos files an SSI claim but is unsure how the SSA calculates his countable income. His representative references POMS guidelines to clarify.
Question: What is the role of POMS in SSA claims?
Answer: POMS provides internal guidance to SSA employees on processing claims, including calculating income and determining eligibility.
Legal Explanation: While not legally binding, POMS ensures consistent application of SSA policies and procedures in administering SSDI and SSI claims.
Key Resource: POMS SI 00810.300 – Guidelines for calculating countable income in SSI cases.
Case Scenario: Anna’s ALJ decision relies heavily on POMS to deny her claim. Anna appeals, arguing that POMS is not binding on claimants.
Question: Is Anna correct that POMS is not binding on claimants?
Answer: Yes, Anna is correct. POMS is an internal SSA guide and not legally binding on claimants or courts.
Legal Explanation: POMS serves as a reference for SSA employees but does not have the force of law. It cannot override regulations, statutes, or judicial precedents.
Key Resource: SSA POMS GN 03101.110 – Role and limitations of POMS.
POMS:
Internal guidance for SSA staff; not legally binding but influential in decision-making.
