POMS Reference

DI 325: Court Cases

TN 53 (08-95)

A. Policy

The claimant and any representative(s) must be notified of any decision that is wholly unfavorable.

B. Procedure -- title II

Follow the instructions in DI 33015.025 in preparing the notice for a title II affirmation of a cessation and include:

  • “The Dixon court order requires the Social Security Administration to look at your earlier claim again. We have completed this review and we still find that the earlier determination in your case is proper and in accordance with the law. Therefore, the decision that your disability ended remains unchanged.”

  • An optional paragraph to be used if the claimant is in current pay status that reads:

    “This determination does not affect the checks that you are getting now based on your later application.”

C. Procedure - title XVI

Follow B. above for title XVI affirmation of a cessation.

D. Procedure - concurrent cases

For concurrent cases, follow B. and C. above, as appropriate.