|- Questions and Answers Implementation of the Difford Acquiescence Ruling|
ISSUED: April 21, 1994
This Temporary Instruction (TI) provides, in question and answer format, guidance to aid in implementing Acquiescence Ruling (AR) 92-2(6) in Difford v. Sullivan, 910 F.2d 1316 (6th Cir. 1990), rehearing denied (Feb. 7, 1991), which the Commissioner of Social Security published in the Federal Register on March 17, 1992, and which was effective on publication.
On August 10, 1990, the United States Court of Appeals for the Sixth Circuit issued a decision in Difford v. Sullivan -- a medical cessation case -- which directed the Secretary to determine the claimant's ability to engage in substantial gainful activity as of the time of the Administrative Law Judge hearing. Thereafter, the Secretary filed a petition for rehearing, which the court denied. The Secretary did not further appeal and, because the court's holding is contrary to SSA policy, SSA issued AR 92-2(6).
The attached questions and answers provides guidance for implementing the Difford AR.
Hearing office personnel should direct any questions to their Regional Office. Regional Office personnel should contact the Division of Field Practices and Procedures in the Office of the Chief Administrative Law Judge at (703) 305-0022.