# AR 87-2(11): AR 87-2(11): Notice of rescission of Social Security Acquiescence Ruling 87-2(11) -- Butterworth v. Bowen, 796 F.2d 1379 (11th Cir. 1986)

> Federal · Rulings · In force

URL: https://www.frixlaw.com/law-library/statutes/SSA_SSR_AR_AR_87_2_11R

## Section

- **Citation:** AR 87-2(11)
- **Heading:** AR 87-2(11): Notice of rescission of Social Security Acquiescence Ruling 87-2(11) -- Butterworth v. Bowen, 796 F.2d 1379 (11th Cir. 1986)
- **Jurisdiction:** Federal
- **Kind:** Rulings
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Social Security Rulings / AR / Eleventh Circuit Court / AR 87-2(11)

## Text

SUMMARY: In accordance with 20 CFR 404.985(e), 416.1485(e) and
402.35(b)(2), the Commissioner of Social Security gives notice of the
rescission of Social Security Acquiescence
Ruling 87-2(11) .

EFFECTIVE DATE: 8/6/98

FOR FURTHER INFORMATION CONTACT: Gary Sargent, Litigation Staff,
Social Security Administration, 6401 Security Boulevard, Baltimore, MD
21235, (410) 965-1695.

SUPPLEMENTARY INFORMATION: A Social Security Acquiescence Ruling
explains how we will apply a holding in a decision of a United States
Court of Appeals that we determine conflicts with our interpretation of a
provision of the Social Security Act (the Act) or regulations when the
Government has decided not to seek further review of the case or is
unsuccessful on further review.

As provided by 20 CFR 404.985(e)(4) and 416.1485(e)(4), a Social Security
Acquiescence Ruling may be rescinded as obsolete if we subsequently
clarify, modify or revoke the regulation or ruling that was the subject of
the circuit court holding for which the Acquiescence Ruling was issued.

On May 1, 1987, we issued Acquiescence Ruling
87-2(11) to reflect the holding in Butterworth v. Bowen , 796
F.2d 1379 (11th Cir. 1986), that the Social Security Administration's
Appeals Council is authorized to initiate reopening of Administrative Law
Judge (ALJ) decisions only when the decision "is properly before it." The
court explained several methods by which an ALJ decision may be properly
before the Appeals Council including when the Council timely takes own
motion review of a decision. Furthermore, the court's holding limited the
reopening jurisdiction of the Appeals Council by specifically requiring
timely own motion review to begin within the 60-day time period provided
in 20 CFR 404.969.
." The
court explained several methods by which an ALJ decision may be properly
before the Appeals Council including when the Council timely takes own
motion review of a decision. Furthermore, the court's holding limited the
reopening jurisdiction of the Appeals Council by specifically requiring
timely own motion review to begin within the 60-day time period provided
in 20 CFR 404.969.

Concurrent with the rescission of this Ruling, we are publishing our final
rules amending sections 404.969 and 416.1469 of Social Security
Regulations Nos. 4 and 16 (20 CFR 404.969 and 416.1469), to clarify when
the Appeals Council has own motion review authority to reopen and revise
ALJ decisions in accordance with the provisions of 20 CFR 404.987,
404.988, 416.1487 and 416.1488. The final rules provide in paragraphs
404.969(d) and 416.1469(d) that if the Appeals Council is unable to decide
within the applicable 60-day period whether to review a decision or
dismissal, it may consider at a later time whether the decision or
dismissal should be reopened and revised under 20 CFR 404.987, 404.988,
416.1487 and 416.1488. Under the final rules, the Appeals Council's
authority to reopen and revise ALJ decisions is not limited by the 60-day
period provided in paragraphs 404.969(a) and 416.1469(a).

Because the final rules address the Butterworth court's concerns
and explain that the Appeals Council's authority to reopen and revise ALJ
decisions is not subject to the 60-day period provided in paragraphs
404.969(a) and 416.1469(a), we are rescinding Acquiescence Ruling 87-2(11) . The final
rules and this rescission restore uniformity to our nationwide system of
rules in accordance with our commitment to the goal of administering our
programs through uniform national standards as discussed in the preamble
to the 1998 acquiescence regulations, 63 FR 24927 (May 6, 1998).
vided in paragraphs
404.969(a) and 416.1469(a), we are rescinding Acquiescence Ruling 87-2(11) . The final
rules and this rescission restore uniformity to our nationwide system of
rules in accordance with our commitment to the goal of administering our
programs through uniform national standards as discussed in the preamble
to the 1998 acquiescence regulations, 63 FR 24927 (May 6, 1998).

(Catalog of Federal Domestic Assistance Program Nos. 96.001 Social
Security - Disability Insurance; 96.002 Social Security - Retirement
Insurance; 96.003 Special Benefits for Persons Aged 72 and Over; 96.004
Social Security - Survivors Insurance; 96.006 Supplemental Security
Income.)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SSA_SSR_AR_AR_87_2_11R. Check the current official text before relying on it. Not legal advice.