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SOCIAL SECURITY ADMINISTRATION
Office of Hearings and Appeals

HALLEX
Volume I

Transmittal No. I-5-4-4 (Revised)

Division 5: Temporary Instructions

Subject: Hyatt v. Shalala

Background

On November 16, 1994, the Office of Hearings and Appeals (OHA) published a revised HALLEX Temporary Instruction (TI) 5-404 to implement the March 21, 1994 settlement order in Hyatt III. The TI delineates OHA component responsibilities in processing reassessment and appeal of both primary subclass member claims and settlement subclass member claims. On October 20, 1995, OHA issued a Transmittal providing revisions to HALLEX TI 5-404 explaining four types of primary subclass claims to be given priority in processing and explaining a change in component responsibilities for processing the Hyatt class action.

On November 4, 1996, the parties entered into a signed agreement (Attachment 17) to supplement the March 21, 1994 settlement order in Hyatt III as it pertains to the reassessment and appeal of certain settlement subclass claims.

Beginning August 1, 1996, any organization that received funding from the Legal Services Corporation may not participate in any class action against the Federal government. See P.L. 104-134, sections 504(a)(7), 508(2)(B), 110 Stat. 1321 (1996). As a result, Legal Services of Southern Piedmont, Inc., 1431 Elizabeth Avenue, Charlotte, NC 28204 has been replaced by North Carolina Justice and Community Development Center, 224 South Dawson Street, P.O. Box 28068, Raleigh, NC 27611 as the Hyatt Attorney.

Attachment 5 shows a change in the Hyatt III screening sheet and screening sheet instructions to switch the order of questions 10 and 11.

Explanation of Content and Changes

The new agreement between the parties (Attachment 17) necessitates a change in the TI provisions with respect to the reassessment and appeal of certain settlement subclass denials issued by the North Carolina DDS. The substitution of plaintiff's counsel is noted throughout the TI. A change in the Hyatt III screening sheet and screening sheet instructions is reflected in the revision of attachment 5.

Remove

Remove from TI 5-404:

Pages 3 and 4, dated November 16, 1994 (2 pages).

Pages 7 and 8, dated November 16, 1994 (2 pages).

Pages 11 through 12A, dated October 20, 1995 (3 pages).

Page 18-A, dated October 20, 1995, and pages 19 through 22, dated November 16, 1994 (5 pages).

Attachment 5, dated November 16, 1994 and October 20, 1995 (7 pages).

Attachments 6, 7, 14, and 16, dated November 16, 1994 (6 pages).

Insert

Insert in TI 5-404:

Pages 3 and 3-A, dated September 19, 1997, and page 4 dated November 16, 1994 (3 pages).

Pages 7 and 8, dated September 19, 1997 (2 pages).

Pages 11 through 12A, dated September 19, 1997 (3 pages).

Pages 19 through 26, dated September 19, 1997 (8 pages).

Attachment 5, dated September 19, 1997 (7 pages).

Attachment 6, 7, 14, and 16, dated September 19, 1997 (6 pages).

Attachments 17 through 24, dated September 19, 1997 (10 pages).

Date: September 19, 1997