(a) Methods of publication. Materials we are required to publish pursuant to the provisions of 5 U.S.C. § 552 (a)(1) and (a)(2), we publish in one of the following ways:
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Terms Used In 20 CFR 402.35
- Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
(1) By publication in the Federal Register of Social Security Administration regulations, and by their subsequent inclusion in the Code of Federal Regulations;
(2) By publication in the Federal Register of appropriate general notices;
(3) By other forms of publication, when incorporated by reference in the Federal Register with the approval of the Director of the Federal Register; and
(4) By publication in the “Social Security Rulings” of indexes of precedential social security orders and opinions issued in the adjudication of claims, statements of policy and interpretations which have been adopted but have not been published in the Federal Register. The “Social Security Rulings” may be purchased through the Government Printing Office (See § 402.40).
(b) Publication of rulings. Although not required pursuant to 5 U.S.C. § 552 (a)(1) and (a)(2), we publish the following rulings in the Federal Register as well as by other forms of publication:
(1) We publish Social Security Rulings in the Federal Register under the authority of the Commissioner of Social Security. They are binding on all components of the Social Security Administration. These rulings represent precedent final opinions and orders and statements of policy and interpretations that we have adopted.
(2) We publish Social Security Acquiescence Rulings in the Federal Register under the authority of the Commissioner of Social Security. They are binding on all components of the Social Security Administration, except with respect to claims subject to the relitigation procedures established in 20 CFR 404.985(c), 410.670c, and 416.1485(c). For a description of Social Security Acquiescence Rulings, see 20 CFR 404.985(b), 410.670c(b), and 416.1485(b) of this title.
(c) Availability for inspection. To the extent practicable and to further assist the public, we make available for inspection at the address specified in § 402.135 those materials which are published in the Federal Register pursuant to 5 U.S.C. § 552(a)(1).
(d) Availability by telecommunications. To the extent practicable, we will make available by means of computer telecommunications the indices and other records that are available for inspection.
[62 FR 4154, Jan. 29, 1997, as amended at 63 FR 35132, June 29, 1998; 65 FR 16813, Mar. 30, 2000; 72 FR 36360, July 3, 2007]
