Social Security will publish two Rulings in the Federal Register tomorrow on How We Apply Medical-Vocational Profiles and How We Evaluate Past Work.
Here's a footnote from the first of those Rulings:
We will use this SSR beginning on its applicable date. We will apply this SSR to new applications filed on or after the applicable date of the SSR and to claims that are pending on and after the applicable date. This means that we will use this SSR on and after its applicable date in any case in which we make a determination or decision. We expect that Federal courts will review our final decisions using the rules that were in effect at the time we issued the decisions. If a court reverses our final decision and remands a case for further administrative proceedings after the applicable date of this SSR, we will apply this SSR to the entire period at issue in the decision we make after the court’s remand.We'll see how this plays out but I doubt they're getting out of this problem with a footnote.