Cumulative Listing of Current Court Case Decisions Published As Acquiescence Rulings (1986-2005)

Adams v. Weinberger (contributions to support re: posthumous illegitimate child — title II of the Social Security Act), AR 86-21(2)

Akers v. Secretary of Health and Human Services (attorney's fees based in part on continued benefits paid to Social Security claimants — title II of the Social Security Act), AR 93-3(6) (Rescinded 4/14/2000)

Albright v. Commissioner of the Social Security Administration, ((Interpreting Lively v. Secretary of Health and Human Services)—Effect of Prior Disability Findings on Adjudication of a Subsequent Disability Claim—Titles II and XVI of the Social Security Act), AR 00-1(4)

Aubrey v. Richardson (interpretation of the Secretary's regulation regarding presumption of death — title II of the Social Security Act), AR 86-6(3) (Rescinded 7/14/1995)

Autrey v. Harris (interpretation of the Secretary's regulation regarding presumption of death — title II of the Social Security Act), AR 86-7(5), AR 86-11(11) (Rescinded 7/14/1995)

Blakes v. Barnhart (cases involving sections 12.05 and 112.05 of the Listing of Impairments that are remanded by a court for further proceedings under titles II and XVI of the Social Security Act), AR 03-1(7)

Bloodsworth v. Heckler (judicial review of Appeals Council dismissal of a request for review of an ALJ decision — titles II and XVI of the Social Security Act), AR 92-4(11) (Rescinded 10/26/1999 by AR 99-4(11))

Bloodsworth v. Heckler (judicial review of Appeals Council dismissal of a request for review of an Administrative Law Judge decision — titles II and XVI of the Social Security Act), AR 99-4(11)

Boyland v. Califano (the "contribution to support" requirement of section 216(h)(3)(C)(ii) of the Social Security Act), AR 86-15(6)

Branham v. Heckler (what constitutes a significant work-related limitation of function — titles II and XVI of the Social Security Act), AR 93-1(4) (Rescinded 9/20/2000)

Brewster on Behalf of Keller v. Sullivan (interpretation of the Secretary's regulation regarding presumption of death — title II of the Social Security Act), AR 93-6(8) (Rescinded 7/14/1995)

Brodner, Condon and v. Bowen (attorney's fees based in part on continued benefits paid to Social Security Claimants — title II of the Social Security Act), AR 93-4(2) (Rescinded 4/14/2000)

Butterworth v. Bowen (conditions under which the Appeals Council has the right to reopen and revise prior decisions — titles II and XVI of the Social Security Act), AR 87-2(11) (Rescinded 8/6/1998)

Capitano v. Secretary of HHS (entitlement of a deemed widow when a legal widow is entitled on the same earnings record — title II of the Social Security Act), AR 86-2R(2)

Chavez v. Bowen, (effect of a prior final decision that a claimant is not disabled, and of findings contained therein, on adjudication of a subsequent disability claim arising under the same title of the Social Security Act — Titles II and XVI of the Social Security Act), AR 97-4(9)

Childress v. Secretary of Health and Human Services (the "contribution to support" requirement of section 216(h)(3)(C)(ii) of the Social Security Act), AR 86-15(6)

Condon and Brodner v. Bowen (attorney's fees based in part on continued benefits paid to Social Security claimants — title II of the Social Security Act), AR 93-4(2) (Rescinded 4/14/2000)

Conley v. Bowen (determination of whether an individual with a disabling impairment has engaged in substantial gainful activity following a reentitlement period — title II of the Social Security Act), AR 93-2(2) (Rescinded 8/10/2000)

Culbertson v. Secretary of Health and Human Services (waiver of administrative finality in proceedings involving unrepresented claimants who lack the mental competence to request administrative review — titles II and XVI of the Social Security Act), AR 90-4(4)

Curry v. Apfel (burden of proving residual functional capacity at step five of the sequential evaluation process for determining disability — titles II and XVI of the Social Security Act), AR 00-4(2) (Rescinded 9/25/2003)

Damon v. Secretary of Health, Education and Welfare (child benefits: support of child adopted after worker's entitlement to benefits — title II of the Social Security Act), AR 86-16(2)

Daniels on Behalf of Daniels v. Sullivan (application of a State's intestacy law requirement that paternity be established during the lifetime of the father — title II of the Social Security Act), AR 97-3(11)

Dennard v. Secretary of Health and Human Services, (effect of a prior finding of the demands of past work on adjudication of a subsequent disability claim arising under the same title of the Social Security Act — titles II and XVI of the Social Security Act) AR 98-3(6)

DeSonier v. Sullivan (method of application of State Intestate Succession Law in determining entitlement to child's benefits — title II of the Social Security Act), AR 96-1(6)

Difford v. Secretary of Health and Human Services (scope of review on appeal in a medical cessation of disability case — title II of the Social Security Act), AR 92-2(6) (Rescinded 2/21/2013)

Dion v. Secretary of Health and Human Services (applicability of the windfall offset provision), AR 88-4(1)

Doran v. Schweiker (contributions to support re: posthumous illegitimate child — title II of the Social Security Act), AR 86-23(9)

Drummond v. Commissioner of Social Security (effect of prior findings on adjudication of a subsequent disability claim arisign under the same title of the Social Security Act), AR 98-4(6)

Edwards v. Califano (interpretation of the Secretary's regulation regarding presumption of death — title II of the Social Security Act), AR 86-10(10) (Rescinded 7/14/1995)

Fagner v. Heckler (applicability of section 1127 of the Social Security Act), AR 86-25(9)

Florez on Behalf of Wallace v. Callahan (supplemental security income — deeming of income from a stepparent to a child when the natural parent is not living in the same household — title XVI of the Social Security Act), AR 99-1(2) (Rescinded 6/16/2008)

Flowers v. U.S. Department of Health and Human Services (what constitutes a significant work-related limitation of function — titles II and XVI of the Social Security Act), AR 93-1(4) (Rescinded 9/20/2000)

Fowlkes v. Adamec (determining whether an individual is a fugitive felon under the Social Security Act), AR 06-1(2)

Gamble v. Chater (amputation of a lower extremity — when the inability to afford the cost of a prosthesis meets the requirements of Section 1.10C of the Listing of Impairments — titles II and XVI of the Social Security Act), AR 97-2(9) (Rescinded 2/19/2002)

Gillett-Netting v. Barnhart (applicability of State law and the Social Security Act in determining whether a child conceived by artificial means after an insured person's death is eligible for child's insurance benefits — Title II of the Social Security Act), AR 05-1(9) Rescinded 11/13/2012

Gonzalez v. Sullivan (effect of initial determination notice language on the application of administrative finality — titles II and XVI of the Social Security Act), AR 92-7(9)

Grigg v. Finch (correction of an individual's earnings record to reflect self-employment income for years in which the individual did not timely file an income tax return), AR 86-20(6)

Haddock v. Apfel (use of vocational expert testimony and the Dictionary of Occupational Titles under 20 CFR 404.1456, 416.966 — titles II and XVI of the Social Security Act) AR 00-3(1) (Rescinded 12/4/2000)

Hickman v. Apfel (evidentiary requirements for determining medical equivalence to a listed impairment—titles II and XVI of the Social Security Act), AR 00-2(7) (Rescinded 03/30/2006)

Hickman v. Bowen, (evaluation of loans of in-kind support and maintenance for Supplemental Security Income (SSI) benefit calculation purposes AR 88-07(5) (Rescinded)

Hodge v. Shalala (worker's compensation — proration of a lump-sum award for permanent disability over the remainder of an individual's working life — Oregon — title II of the Social Security Act), AR 95-2(9)

Howard on behalf of Wolff v. Barnhart (applicability of the statutory requirement for pediatrician review in childhood disability cases to the Hearings and Appeals levels of the administrative review process — Title XVI of the Social Security Act), AR 04-1(9)

Hutcheson v. Califano (determination of stepchild and resulting entitlement to auxiliary benefits — title II of the Social Security Act), AR 86-12(9)

Iamarino v. Heckler (positive presumption of substantial gainful activity for sheltered work), AR 87-4(8) (Rescinded 8/10/2000)

Johnson v. Califano (interpretation of the Secretary's regulation regarding presumption of death — title II of the Social Security Act), AR 86-8(6) (Rescinded 7/14/1995)

Jones v. Secretary of Health, Education and Welfare (child's benefits — contributions for support — title II of the Social Security Act), AR 86-14(4)

Kerns v. Apfel (definition of highly marketable skills for individuals close to retirement age — titles II and XVI of the Social Security Act), AR 99-2(8) (Rescinded 5/8/2000)

Leschniok v. Heckler (necessity of a determination under sections 225(b) and/or 1631(a)(6) of the Social Security Act for a disability benefits recipient engaged in an approved vocational rehabilitation program prior to cessation of his/her benefits based on medical recovery), AR 86-5(9)

Levings v. Califano (definition of an inmate of a public institution — title XVI of the Social Security Act), AR 88-6(8)

Lidy v. Sullivan (right to subpoena an examining physician for cross-examination purposes — titles II and XVI of the Social Security Act), AR 91-1(5)

Lively v. Secretary of Health and Human Services (effect of prior disability findings on adjudication of a subsequent disability claim arising under the same title of the Social Security Act — titles II and XVI of the Social Security Act), AR 94-2(4) (Rescinded 1/12/2000 by AR 00-1(4))

Martinez v. Heckler (disability program — individuals who are illiterate and unable to communicate in English — titles II and XVI of the Social Security Act), AR 86-3(5)

Mazza v. Secretary of Health and Human Services (order of effectuation in concurrent application cases) — titles II and XVI of the Social Security Act), AR 92-1(3)

McDonald v. Bowen (entitlement to benefits where a person returns to work less than 12 months after onset of disability), AR 88-3(7) (Rescinded 6/10/2002)

McNeal v. Schweiker (child's benefits — contributions for support — title II of the Social Security Act), AR 86-13(3)

McQueen v. Apfel (definition of highly marketable skills for individuals close to retirement age — titles II and XVI of the Social Security Act), AR 99-3(5) (Rescinded 5/8/2000)

Meza, Secretary of Health, Education and Welfare v. (interpretation of the Secretary's regulation regarding presumption of death — title II of the Social Security Act), AR 86-9(9) (Rescinded 7/14/1995)

Newton v. Chater (entitlement to trial work period before approval of an award for benefits and before twelve months have elapsed since onset of disability — titles II and XVI of the Social Security Act), AR 98-1(8) (Rescinded 6/10/2002)

Owens v. Schweiker (child's benefits — title II of the Social Security Act), AR 86-17(9) (Rescinded 11/27/1998

Parisi by Cooney v. Chater (reduction of benefits under the family maximum in cases involving dual entitlement — title II of the Social Security Act), AR 97-01(1) (Rescinded 10/27/1999)

Parker v. Schweiker (the "contribution to support" requirement of section 216(h)(3)(C)(ii) of the Social Security Act), AR 86-15(6)

Parsons v. Health and Human Services (contributions to support re: posthumous illegitimate child — title II of the Social Security Act), AR 86-22(4)

Paskel v. Heckler (necessity of a determination under sections 225(b) and/or 1631(a)(6) of the Social Security Act for a disability benefits recipient engaged in an approved vocational rehabilitation program prior to cessation of his/her benefits based on medical recovery), AR 86-4(3)

Patterson v. Bowen (use of the age factor in the Medical-Vocational Guidelines in making disability determinations), AR 88-1(11) (Rescinded 5/8/2000)

Petersen v. Astrue (whether a National Guard technician who worked in noncovered employment is exempt from the Windfall Elimination Provision (WEP)), AR 12-1(8)

Preslar v. Secretary of Health and Human Services (definition of highly marketable skills for individuals close to retirement age — titles II and XVI of the Social Security Act), AR95-1(6) (Rescinded 5/8/2000)

Quinlivan v. Sullivan (meaning of the term "against equity and good conscience" in the rules for waiver of recovery of an overpayment — titles II and XVI of the Social Security Act; title IV of the Federal Mine Safety and Health Act of 1977), AR 92-5(9)

Rosenberg v. Richardson (entitlement of a deemed widow when a legal widow is entitled on the same earnings record — title II of the Social Security Act), AR 86-2R(2)

Ruppert v. Bowen (evaluation of a rental subsidy as in-kind income for supplemental security income benefit calculation purposes), AR 90-2(2)

Salamalekis v. Apfel (entitlement to trial work period before approval of an award of benefits and before 12 months have elapsed since the alleged onset of disability — titles II and XVI of the Social Security Act), AR 00-5(6) (Rescinded 6/10/2002)

Shelnutt v. Heckler (interpretation of the Secretary's regulation regarding presumption of death — title II of the Social Security Act), AR 86-6(3) (Rescinded 7/14/1995)

Shoemaker v. Bowen (attorney's fees based in part on continued benefits paid to Social Security claimants — title II of the Social Security Act), AR 93-5(11) (Rescinded 4/14/2000)

Sird v. Chater (mental retardation — what constitutes an additional and significant work-related limitation of function — titles II and XVI of the Social Security Act), AR 98-2(8) (Rescinded 9/20/2000)

Smith v. Bowen (use of vocational expert or other vocational specialist in determining whether a claimant can perform past relevant work — titles II and XVI of the Social Security Act), AR 90-3(4) (Rescinded 9/25/2003)

State of Minnesota v. Apfel (coverage for Employees Under a Federal-State Section 218 Agreement or Modification and Application of the Student Services Exclusion From Coverage to Services Performed by medical residents — title II of the Social Security Act), AR 98-5(8)

Sykes v. Apfel (using the grid rules as a framework for decisionmaking when an individual's occupational base is eroded by a nonexertional limitation — titles II and XVI of the Social Security Act), AR 01-1(3)

Wages v. Schweiker (interpretation of the Secretary's regulation regarding presumption of death — title II of the Social Security Act), AR 86-7(5) (Rescinded 7/14/1995)

Walker v. Secretary of Health and Human Services (entitlement to trial work period before approval of award for benefits and before 12 months have elapsed since onset of disability — titles II and XVI of the Social Security Act), AR 92-6(10) (Rescinded 6/10/2002)

Webb v. Richardson (attorneys' fees — single fee, not to exceed 25 percent of past-due benefits, set by tribunal which ultimately upholds the claim — title II of the Social Security Act), AR 87-1(6) (Rescinded 3/3/1995)

Wilcox, Gardner v. (interpretation of the Secretary's regulation regarding presumption of death — title II of the Social Security Act), AR 86-9(9) (Rescinded 7/14/1995)

Wolfe v. Sullivan (contributions to support — posthumous illegitimate child — title II of the Social Security Act), AR 94-1(10)

Woodson v. Schweiker (interpretation of the deemed marriage provision — title II of the Social Security Act), AR 86-18R(5), AR 86-19R(11)

Young v. Bowen (waiver of administrative finality in proceedings involving unrepresented claimants who lack the mental competence to request administrative review — titles II and XVI of the Social Security Act), AR 90-4(4)


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