In an ideal world, you would just read the Social Security Regulations and understand everything based on the original wording. In the real world, how officials interpret and apply rules matters. Whenever this results in a dispute, the resulting ruling could change how the rules work in future cases. Understanding and citing such rulings can help you get the benefits you deserve.
These rulings fall into two broad categories. Social Security rulings set precedents for how the law is applied. The default ruling details how the SSA changed its policies following the U.S. appeals court ruling. Read on to learn more about both topics.
What are social security provisions?
While Social Security Rulings (SSRs) come from a wide range of sources, the common thread is that they are precedent-setting. This means that they establish a legal principle that institutions such as courts and tribunals will take into account when hearing similar cases in the future. Precedent usually deals with cases where the existing legal situation is unclear. Sometimes it's because the original wording of the law or rule is unclear. Usually it's because something happened that the creators of the original rule didn't anticipate.
The source and process of SSR
An SSR is a specific type of ruling that the SSA publishes in the Federal Register. Rulings issued under this category will become a formal part of the SSA process. While a Social Security ruling is not technically a law or regulation per se, the Social Security Administration is required to comply with the ruling as long as it is relevant to future cases.
Each Social Security award can originate from one or more sources, including:
- The federal court ruled.
- Legal advice is provided by the Office of General Counsel, the legal team of the Department of Health and Human Services.
- The Social Security Commissioner makes the decision.
- SSA changes or updates its policies.
How SSR works
To understand how SSR works, here's a real-life example. The SSA has a set of rules for how to determine the “established date of onset” of a case of blindness. For purposes of calculating benefits, this is the date the blindness begins.
In principle, the rule is simple: the established date of onset is the earliest date on which the claimant:
- Meet the legal definition of blindness;
- Meet the legal definition of a person with a disability (if relevant); and
- Meet relevant non-medical requirements (e.g. insurance status.)
In practice, certain situations lead to unclear use of the correct schedule, for example:
- A person who is eligible for benefits because of blindness but is also eligible for benefits because of another impairment; or
- People who are eligible for benefits because they are blind but are still working.
The SSR sets out how the rules operate in this situation. It was published in the Federal Register on October 2, 2018, the date SSA must follow for all claims pending or filed after this date.
Primary Headache Case – SSR 19-4p – Watch our video
What is a silent ruling?
Default rulings also change the way the SSA enforces its rules, but have some key differences from the SSR.
First, it follows directly from a U.S. Court of Appeals ruling that violates SSA's existing policy. The most common example is when a court overturns an SSA decision that someone in a particular situation is not entitled to benefits.
When this occurs, the court issues a default ruling that is published in the Federal Register. The ruling specifically details why the court rejected the SSA's prior policy and interpretation, and how the SSA must change the way it handles similar cases in the future. Like the SSR, the acquiescence ruling is not a law or regulation per se, but the SSA must comply with it and can cite it in future cases.
The second difference is that the acquiescence ruling does not change the SSA's actions nationwide. Rather, it only affects cases in the relevant circuit (geographical area) of the Court of Appeal where the decision was made.
How default ruling works
The Sixth Circuit Court of Appeals heard the case and issued the acquiescence ruling in February 2020.
One aspect of the case concerns the evidence presented by the claimant when applying for benefits. It is SSA's national policy to ignore evidence presented when the SSA believes that the evidence involves fraud. It disregarded the evidence regardless of whether the claimant objected.
The appeals court ruled that the plaintiffs had the right to challenge the SSA's belief that fraud was involved.
The default ruling explains how the SSA will change its procedures in cases in states governed by the Sixth Circuit (Kentucky, Michigan, Ohio, and Tennessee).
If the plaintiff challenges the decision to disregard the evidence, the adjudicator will decide whether the decision stands. They will assess evidence of fraud using a “reason to believe” standard: this is above mere suspicion, but below the “preponderance of the evidence” (more likely than not) threshold.
Enjoy the SSD landscape
To illustrate the complexity of Social Security, the Federal Register contains more than 13,000 Social Security rulings and acquiescence rulings since 1994. Knowing which rulings apply in a particular case is crucial to ensuring claimants are able to enforce their legal rights, whether that means convincing the SSA to do the right thing or making arguments in a tribunal or court case.
Things get more complicated when you look at the default rules which only cover specific “circuits”. In practice, this means that the rules in force for social security may differ depending on the claimant's location, and advice that does not take into account relevant awards may be inaccurate.
✅ FAQ
What is a Social Security Ruling (SSR)?
A Social Security Ruling (SSR) is the SSA's official policy interpretation and sets the precedent for how the SSA handles future cases. Although it is not a law, it has the force of law and must be followed by SSA decision makers when applicable.
How does SSR affect my disability case?
The SSR clarifies how the SSA applies its rules, especially when the law is unclear or unclear. If your situation matches past cases handled by the SSR, the SSA must follow the same interpretation when reviewing your claim.
Where do social security provisions come from?
An SSR can result from a federal court decision, a legal opinion from the SSA legal team, a decision from the Social Security Commissioner, or an SSA internal policy update. All SSRs are published in the Federal Register.
What is an acquiescence award (AR)?
U.S. appeals courts issue acquiescence rulings when they disagree with the way the SSA applies the law. It tells the SSA how to change policy in that circuit only based on the court's decision.
Do the default rules apply nationwide?
Can't. A default ruling applies only to the specific federal court circuit in which the ruling was made. This means Social Security rules may differ depending on the state in which you live.
Can an award help win a disability claim?
Yes. Knowing and properly citing the SSR or AR relevant to your case can strengthen your legal argument, clarify gray areas, and ensure that the SSA is following proper procedures, especially during a hearing or appeal.
How do I know which rulings apply to me?
More than 13,000 rulings were published, an overwhelming number. An experienced Social Security Disability attorney, such as those at Good Law Group, can identify and use the ruling that applies to your specific situation.
Why should I work with a disability attorney on SSR/AR issues?
These rulings are complex, technical and constantly evolving. An experienced attorney knows how to apply them effectively in your case, whether you are facing a denial, appealing a decision, or preparing for a hearing.
Fortunately, expert organizations like The Good Law Group are highly skilled and experienced in not only using social security law in your case, but also taking into account adjudication to help you enforce your rights wherever and whenever a problem arises. Please contact Good Law Group for a free case evaluation at (847) 577-4476.
