POMS Reference

DI 325: Court Cases

TN 53 (08-95)

A. Policy

1. General

The claimant, and his/her representative must be notified of any decision which is fully favorable.

2. Title II

ODO or the PSC prepares and releases the title II notice.

3. Title XVI

The FO prepares and releases the title XVI notice.

B. Procedure

1. Title II only cases

In title II only cases:

  1. Enter “ODO/DL-S” in Item 29 of the Form SSA-831-U3.

  2. Indicate SSA-L-2000-C2 (Universal Notice) as the notice on the attachment (SSA-865) and include the following paragraph:

    “This determination is based on a review of your claim as ordered by the court in the case of Dixon v. Shalala. We have determined that your condition is disabling.”

2. Title XVI only cases

In title XVI only cases:

  1. Indicate “DO/DL-S” as the notice in Item 29 of the Form SSA-831-U3.

  2. On the attachment (SSA-865) show SSA-8025-U2 (SSI Payment Decision) and include the following paragraph:

    • “This determination is based on a review of your claim as ordered by the court in the case of Dixon v. Shalala . We have determined that your condition is disabling.”

    • Paragraph 1029.

    • Paragraph 1414, 1415, 1424 or 1425, as appropriate.

    • Paragraph 1150 or 1151, if appropriate.

3. Concurrent cases

For concurrent cases follow B.1. and B.2. above, as appropriate for each claim.

4. Consolidated claims

For consolidated claims (i.e., a Dixon and a pending claim), add after the lead-in shown in B.1.a. and/or B.2.a., “This notice includes our decision on both the Dixon case review and the new application filed on (date of new application) .”