Action Note

In HALLEX Temporary Instruction 5-418, Supplement A, add the following note to the end of Part VII. A.:

See Acquiescence Ruling 92-2(6), published March 17, 1992, for the scope of review in class member cessation cases.

Background

On March 17, 1992, the Secretary published Acquiescence Ruling (AR) 92-2(6) as a result of the decision in Difford v. Secretary of Health and Human Services, 910 F.2d 1316 (6th Cir. 1990), reh'g denied, Feb. 7, 1991. The AR provides that, on appeal of a medical cessation issue, the decision maker will give consideration to the individual's ability to perform substantial gainful activity through the date on which the appeal determination or decision is being made.

Explanation of Content and Changes

HALLEX I-5-418, Supplement A, issued May 30, 1989, defines the Samuels class, which includes claimants whose benefits were ceased. The Supplement further provides, in Part VII. A., that the Administrative Law Judge (ALJ) will issue redetermination decisions in Samuels cases, i.e., that the ALJ will rule from the alleged onset date through the date of the last administrative decision that forms the basis for class membership (rather than through the date of the current decision).

The instruction in Part VII. A. failed to make clear that, in class member cessation cases, the ALJ would rule only through the date of cessation previously established, rather than through the date of the last decision. However, Samuels class member cessation cases are now subject to AR 92-2(6).

This “Action Note” is being issued to clarify the scope of review for Samuels class member cessation cases.

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Date: July 9, 1993