Section 7: Legal Authorities - Advance Cards Flashcards
Scenario:
Michael references a Social Security Ruling (SSR) to argue that his disability claim should be approved. The ALJ states that SSRs are not binding. Michael is confused.
Question:
Are Social Security Rulings (SSRs) binding on ALJs?
Answer:
Yes, SSRs are binding on all SSA decision-makers, including ALJs, as they represent SSA’s official interpretation of its regulations.
Explanation:
SSRs clarify SSA policies and are mandatory for adjudicators when applicable to a case.
Key Resource: SSR 96-2p – Binding nature of SSRs.
Key Takeaway:
SSRs are binding on SSA decision-makers, including ALJs.
Scenario:
Lisa’s representative cites federal case law from another circuit to support her disability claim. The ALJ states that the decision is irrelevant.
Question:
Can federal case law from another circuit apply to SSA decisions?
Answer:
No, federal case law is binding only within the circuit where the claim is adjudicated. Case law from other circuits may be persuasive but not binding.
Explanation:
SSA follows binding precedent established by federal courts within the claimant’s circuit of residence.
Key Resource: POMS GN 03501.015 – Precedential effect of court decisions.
Key Takeaway:
Federal case law is binding only within the relevant circuit but may be persuasive elsewhere.
Scenario:
David argues that his claim should be approved based on a provision in the Social Security Act. The ALJ cites SSA regulations that contradict David’s argument.
Question:
Do SSA regulations take precedence over provisions in the Social Security Act?
Answer:
No, the Social Security Act is the governing statute, and SSA regulations must align with it. If regulations conflict with the Act, the statute prevails.
Explanation:
The Social Security Act is the primary legal authority. SSA regulations interpret and implement the Act but cannot override it.
Key Resource: 42 U.S.C. §405 – Social Security Act provisions.
Key Takeaway:
The Social Security Act governs; SSA regulations must align with the statute.
Scenario:
Tom’s disability determination hinges on interpreting ambiguous language in SSA’s regulations. His representative argues that POMS guidance should clarify the issue.
Question:
Is POMS guidance binding in interpreting SSA regulations?
Answer:
No, POMS is not binding but serves as an internal reference for SSA employees. It can clarify regulations but does not carry the force of law.
Explanation:
POMS provides procedural guidance for SSA employees but cannot override statutes or regulations.
Key Resource: POMS GN 01010.001 – Purpose and limitations of POMS.
Key Takeaway:
POMS is not binding but is a useful tool for clarifying SSA regulations.
Scenario:
What is the primary legal authority governing SSA programs?
Question:
What is the foundational statute for Social Security programs?
Answer:
The Social Security Act.
Explanation:
The Social Security Act establishes the SSDI and SSI programs and outlines their rules and requirements.
Key Resource: 42 U.S.C. §401 et seq. – Social Security Act.
Key Takeaway:
The Social Security Act is the foundational legal authority for SSA programs.
Scenario:
What legal authority governs how SSA calculates benefits?
Question:
Which regulations determine benefit calculation methods?
Answer:
Title 20 of the Code of Federal Regulations (CFR), Parts 404 and 416.
Explanation:
CFR Parts 404 and 416 provide detailed rules for SSDI and SSI, including benefit calculations.
Key Resource: CFR Parts 404 and 416 – SSA regulations.
Key Takeaway:
CFR Parts 404 and 416 govern SSA benefit calculations.
Scenario:
Emma argues that her condition meets the requirements outlined in an SSA regulation. The ALJ denies her claim, stating that a Social Security Ruling (SSR) modifies the interpretation of the regulation.
Question:
Can an SSR modify SSA regulations?
Answer:
No, SSRs interpret and clarify regulations but cannot modify or override them.
Explanation:
SSRs provide interpretive guidance for applying regulations but must align with the regulations themselves.
Key Resource: SSR 96-8p – Purpose of SSRs.
Key Takeaway:
SSRs clarify but cannot override SSA regulations.
Scenario:
Jack files a federal court appeal after exhausting SSA’s administrative process. The court remands the case to SSA, citing errors in vocational expert testimony.
Question:
What legal provision allows federal courts to remand SSA decisions?
Answer:
42 U.S.C. §405(g) allows federal courts to remand cases to SSA for further proceedings due to legal or procedural errors.
Explanation:
Section 405(g) authorizes judicial review of SSA decisions and remands for correcting errors or considering new evidence.
Key Resource: 42 U.S.C. §405(g) – Judicial review and remands.
Key Takeaway:
42 U.S.C. §405(g) permits federal courts to remand SSA decisions for further review.
