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Sources of Law in Social Security Disability and SSI Cases

Due to the Social Security program being a federal program, some of the important sources of law come from the Code of Federal Regulations, or C.F.R.

Also, when a claimant has exhausted all of his or her administrative appeals, there is a final administrative order which can be appealed to federal District Court. A District Court determination can be appealed to a Circuit Court of Appeals. Utah belongs to the 10th its headquarters in Denver, Colorado. A case that goes all the way to the Circuit Court of Appeals may result in published case law for that particular circuit.

Social Security Rulings (SSRs) are published under the authority of the Commissioner of Social Security. They may be based on, among other things, case rulings, federal court decisions, Commissioner’s decisions. They are binding upon the Social Security Administration and are to be relied upon as precedent in adjudicating cases. Acquiescence Rulings (ARs) are explanations of how the Social Security Administration will apply United State Court of Appeals decisions that are at variance with SSA’s national policies.

See: https://ssa.gov/OP_Home/rulings/rulings-pref.html

These are just a few of the basic sources of law in a Social Security Disability or SSI case. Because the sources of law are many and varied in disability cases, it may be prudent for an applicant to discuss their case with an experienced attorney.

Melvin Cook:
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