Subject: Appeals Council Decisions
The Social Security Administration (SSA) has acquiesced to the Court of Appeals ruling in Mazza v. Secretary. The acquiescence ruling (AR 92-1(3)) states that when an adjudicator has determined that an individual is eligible for a retroactive period based on concurrent title II/title XVI applications, the supplemental security income (SSI) determination or decision shall be effectuated first. The individual's title II benefits shall be offset by the amount of SSI payments due or paid for the retroactive period. The ruling applies only to concurrent cases involving claimants who reside in Delaware, New Jersey, Pennsylvania, or the Virgin Islands at the time of the determination or decision at any administrative level, i.e., initial, reconsideration, Administrative Law Judge hearing or Appeals Council review.
Section I-3-822 B. has been revised to include the procedures for identifying and flagging Mazza cases.
Remove from Chapter I-3-800:
I-3-812 cont., dated September 15, 1991 and I-3-813 cont., dated October 30, 1990 (2 pages).
Insert in Chapter I-3-800:
I-3-812 C. and I-3-820, Appeals Council Administrative Appeals Judge's Actions, dated September 28, 1992 (2 pages).
Date: September 28, 1992