TN 60 (08-96)

A. Policy

SSA will issue an Acquiescence Ruling (AR) if a circuit court issues a decision which SSA determines contains a holding that is contrary to SSA's interpretation of the Social Security Act or regulations. The AR will identify the issue(s) involved and explain how to apply the holding. (See GN 03501.001)

All persons who decide Social Security Act disability benefit claims of New York State residents or who review such decisions will follow and apply the holdings of the United States Court of Appeals for the Second Circuit, as explained below, except when written instructions to the contrary are issued by CO.

B. Process

To assist disability decisionmakers (and reviewers) at all levels of adjudication, CO has issued:

• a Manual of Second Circuit Disability Decisions, and

• a volume containing copies (one per office) of published Second Circuit disability decisions issued after June 17, 1992.

C. Procedure -- readjudicating Stieberger cessations

In adjudicating Stieberger cessations in accordance with the policy outlined in (DI 32586.020, item 6.), take the following actions in the cited situations:

1. Claimant disabled:

   • SITUATION: The DEVELOPMENT PERIOD does not go back to the cessation month. You d o not obtain the Stieberger claim file(s). You a pply the initial disability standard and find the claimant disabled during the entire DEVELOPMENT PERIOD.

     ACTION: Prepare an SSA-831 allowance.

   • SITUATION: You adjudicate the DEVELOPMENT PERIOD, and it goes back to the month of cessation. You obtain the Stieberger claim file(s). You develop back to the comparison point date and apply MIRS. You reverse the cessation determination and benefits can be resumed in the termination month (because the PAYMENT PERIOD goes back that far).

     ACTION: Prepare an SSA-833 continuance.

   • SITUATION: You must adjudicate back to month of cessation because of 10(e)(5). You obtain the Stieberger claim file(s). You develop back to the comparison point date and apply MIRS. You find that disability is continuing and benefits can be resumed in the month of termination (because PAYMENT PERIOD goes back that far).

     ACTION: Prepare an SSA-833 continuance.

   • SITUATION: You must adjudicate back to the month of cessation, because of 10(e)(5). You obtain the Stieberger claim file(s). You develop back to the comparison point date and apply MIRS. You find disability continuing, but benefits cannot be resumed during the month of termination (because the PAYMENT PERIOD doesn't go back that far).

     ACTION: Prepare an SSA-831 allowance using an artificial onset.

2. Claimant not disabled:

   • SITUATION: The DEVELOPMENT PERIOD goes back to the month of cessation. You obtain Stieberger claim file(s), develop back to the comparison point date, and apply MIRS. You affirm the cessation. (Benefits could have been resumed in the month of termination, if claimant had been found disabled because PAYMENT PERIOD goes back that far.)

     ACTION: Prepare an SSA-833 cessation, and evaluate the claim for possible later initial disability .

   • SITUATION: The DEVELOPMENT PERIOD does not go back to the month of cessation. You do not obtain the Stieberger claim file(s). You apply the initial disability standard and you find the claimant not disabled. You must develop back to comparison point date because of 10(e)(5). You obtain the Stieberger claim file(s), develop back to the comparison point date, and apply MIRS. You do not find continuing disability.

     ACTION: Prepare an SSA-833 cessation and evaluate the claim for possible later initial disability.