GN 00306.270:
Acquiescence Rulings for Title II Child’s Benefits
Effective Dates: 10/14/2005 - Present- Effective Dates: 11/29/2017 - Present
TN 26 (12-98)- TN 40 (11-17)
GN 00306.270 Acquiescence Rulings — Child Cases- GN 00306.270 Acquiescence Rulings for Title II Child’s Benefits
INTRODUCTION- A. Policy regarding acquiescence rulings (AR)
When a United States Court of Appeals issues a decision pertaining to a Social Security or Supplemental Security Income claim which is in conflict with established SSA policy, SSA will “acquiesce;” i.e., apply the circuit court law within the appropriate circuit by issuing a Social Security Acquiescence Ruling (AR). These rulings describe the case and explain how SSA will apply the decision within the circuit.- When a United States Court of Appeals issues a decision pertaining to a Social Security Administration (SSA) claim that is in conflict with established SSA policy, we often “acquiesce.” This means that SSA applies the circuit court law, but only for cases within the applicable Federal circuit.
Some Social Security AR's stating circuit court law will apply within the appropriate circuit at all administrative levels of adjudication while others may be limited in application within the appropriate circuit to the Administrative Law Judge (ALJ) hearing and the Appeals Council (AC) levels of adjudication. Each ruling clearly states the adjudicative levels at which it applies.- SSA publishes Social Security ARs to describe the subject case and explain how SSA applies the decision within the circuit.
The instructions in the following sections advise adjudicators how to handle claims which may be affected by these rulings.- Some Social Security ARs apply to cases within the appropriate circuit at all administrative levels of adjudication, while others may be limited in application to the Administrative Law Judge (ALJ) hearing and the Appeals Council (AC) levels of adjudication. Each AR clearly states the adjudicative levels to which it applies.
- B. ARs affecting Title II child determinations
- Several ARs regarding chiliads benefits are currently in effect. They influence our “contribution for support” decisions for children and the definition of “stepchild” in certain circuits. For more information on these ARs, refer to:
- * GN 00306.280 Support Requirement for 216(h)(3)(C)(ii) Child (Survivor Cases) – McNeal/Jones/Boyland Acquiescence Rulings for Title II Child’s Benefits
- * GN 00306.285 Support Requirement Under 216(h)(3)(C)(ii) Posthumous Child - Adams/Parsons/Doran/Wolfe Acquiescence Rulings for Title II Child’s Benefits
- * GN 00306.290 Definition of Number Holder’s Stepchild – Hutcheson v. Califano Acquiescence Ruling for Title II Child’s Benefits
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