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 partially favorable.

B. Procedure -- title II

Prepare an SSA-L951-U2/C2. Add the third line heading “IMPORTANT INFORMATION,” and

  • Include an introductory paragraph that reads:

    “The Dixon court order requires the Social Security Administration to look at your earlier claim again.

    We have completed this review and we find that you meet the medical requirements to establish disability from (EOD) to (cessation date). You must meet certain medical and non-medical requirements to be entitled to disability benefits. Attached to this notice is an explanation of the decision that we made on your claim and how we arrived at it.” (Delete last sentence if merged text format is used.)

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

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

  • Include a discussion of the evidence containing the elements specified in DI 28095.040B.

  • Add paragraph 4066.

  • Include the following paragraphs that read:

    “If you have any questions about your disability claim or wish to appeal our findings, please do not get in touch with the social security office until you receive the second notice. The people at the social security office will be better able to answer your questions when they have the information from both notices.

    After you have received your second notice, you can call or write any social security office to appeal our determination or to get answers to your questions. The office that serves your area can be reached at:

    • FO address

      FO telephone number

    Most questions can be handled by telephone or mail. If you go to the social security office in person, please take both notices with you.”

C. Procedure -- title XVI

Send an interim notice on an SSA-L8052-U2/C2. Add the third line heading “IMPORTANT INFORMATION,” and,

For title XVI later cessation date:

  • Follow B. above.

  • Add paragraphs 4073 (delete if in current pay).

D. Procedure -- concurrent cases

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