Background

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.

Explanation of Content and Changes

Section I-2-845 has been revised to include the procedures for identifying and flagging Mazza cases.

Remove

Remove from Chapter I-2-800:

I-2-842, Administrative Law Judge Approves Final Decision Draft but Is Unavailable to Sign Decision and I-2-850 B. 3. cont., dated June 5, 1992 (2 pages).

Insert

Insert in Chapter I-2-800:

I-2-842, Administrative Law Judge Approves Final Decision Draft but Is Unavailable to Sign Decision, dated September 28, 1992 and I-2-850 B. cont., dated June 5, 1992 (2 pages).

Date: September 28, 1992