TN 2 (08-91)

Policy

1. General

Since ARs reflect decisions by U.S. Circuit Courts, they are not applicable outside the jurisdiction of the court which decided the issue in question. However, SSA will not reopen a decision which took into account an AR just because a beneficiary moves out of the circuit. Title II cases are handled differently from title XVI cases as explained below.

2. Title II

When a title II beneficiary moves out of the circuit where he/she benefited from an AR, he/she will continue to get the benefit of the AR (i.e., there is no reduction or termination of benefits) unless or until his/her benefits are terminated or reduced because such action is called for by the Social Security Act and Regulations. Movement out of a circuit is not a terminating event.

3. Title XVI

When an SSI beneficiary moves out of the circuit where he or she has benefited from an Acquiescence Ruling (AR) dealing with a nondisability issue, the AR is no longer applicable to the person, and its effect should be terminated as a part of updating the record. The change is effective with the first day of the first full month in which the recipient was a resident of the new circuit.

Do not remove the benefit of an AR dealing with a disability issue except pursuant to a continuing disability review.