TN 40 (11-17)

A. Policy regarding acquiescence rulings (AR)

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.

SSA publishes Social Security ARs to describe the subject case and explain how SSA applies the decision within the circuit.

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