SOCIAL SECURITY RULINGS

Question 1

SOCIAL SECURITY ADMINISTRATION RULINGS - GENERAL

1. SOCIAL SECURITY RULINGS
2. ACQUIESCENCE RULINGS

Answer 1

Rulings are published under the authority of the Commissioner of Social Security and make available to the public a series of precedential decisions relating to Federal old-age, survivors, disability, supplemental security income, and black lung benefits programs. All references to individuals or specific businesses involved have been avoided so as not to disclose confidential information, unless already a matter of public record, as in a Federal court decision.

There are two types of Rulings: Social Security Rulings and Acquiescence Rulings.

Rulings may be superseded, modified, or rescinded by later legislation, regulations, court decisions, or Rulings. Rulings superseded, modified, or rescinded are listed in the Finding Lists — Rulings Superseded, Rescinded, or Modified.

Question 2

1 SOCIAL SECURITY RULINGS

Answer 2

Social Security Rulings may be based on case decisions made at all administrative levels of adjudication, Federal court decisions, Commissioner’s decisions, opinions of the Office of the General Counsel, and other policy interpretations of the law and regulations. Social Security Rulings are first published in the Federal Register. Social Security Rulings are effective upon publication, and the effective date is shown on the first page of each Ruling. Although Social Security Rulings do not have the force and effect of the law or regulations, they are binding on all components of the Social Security Administration (SSA) in accordance with section 402.35(b)(1) of the Social Security Administration Regulations (20 CFR Part 402), and are to be relied upon as precedents in adjudicating other cases.

Question 3

2. WHAT ARE ACQUIESCENCE RULINGS

Answer 3

Acquiescence Rulings explain how SSA will apply decisions of the United States Courts of Appeals that are at variance with SSA’s national policies in adjudicating claims under title II and title XVI of the Social Security Act and Part B of the Black Lung Benefits Act. SSA will apply Courts of Appeals holdings as explained in these Acquiescence Rulings to other cases in the same circuit where the issues involved are basically the same. Acquiescence Rulings are first published in the Federal Register. Acquiescence Rulings are effective upon publication, and the effective date is noted on the first page of each Ruling. Acquiescence Rulings do not have the force and effect of the law or regulations, however, they are binding on all components of SSA in accordance with section 402.35(b)(2) of the Social Security Administration Regulations (20 CFR Part 402).

Question 4

3 MORE ABOUT ACQUIESCENCE RULINGS

Answer 4

When rulings by the United States Court of Appeals contradict existing SSA policies, clarification of the existing rules is necessary. Acquiescence Rulings are the SSA’s way of reconciling established policies and new Court of Appeals rulings.

Question 5

ACQUIESCENCE RULINGS APPLICATION

Answer 5

When evaluating disability cases, the U.S. Court of Appeals has the power to make decisions that conflict with the SSA policies observed across the country. Acquiescence Rulings establish how the SSA will interpret those decisions and apply them to other SSD claims in the future.

Acquiescence Rulings are only applicable to cases that involve similar circumstances and occur in the same circuit as the original Court of Appeals decision. holdings from one circuit and the resulting Acquiescence Rulings are not applicable in other circuits. new Acquiescence Rulings are published in the Federal Register and become effective upon the date they are published. While Acquiescence Rulings are effective, they have the following properties:

• These rulings do not have the same strength as laws
  -Each ruling is fully binding in all aspects of the disability determination process.
• The rulings are not necessarily permanent. A later ruling may alter, supplant or repeal an existing ruling. Court decisions, laws and regulations may also have the same effects on Acquiescence Rulings.

Depending on the circumstances of each applicant’s SSD claim, multiple Acquiescence Rulings might affect the final claim decision.

Question 6

EFFECTS OF ACQUIESCENCE RULINGS

Answer 6

An Acquiescence Ruling can provide the basis for the denial or allowance of an SSD claim. Rulings may affect fundamental aspects of the disability determination process, such as the financial, medical and age-related criteria used to evaluate whether an individual is disabled. Rulings can also change administrative policies, such as rules on appealing decisions or requesting review.

The effects of Acquiescence Rulings are not limited to the claims disabled individuals make. These rulings also can impact eligibility and other rules for people seeking related Social Security benefits, such as dependent and survivors benefits.