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SOCIAL SECURITY ADMINISTRATION
Office of Hearings and Appeals

HALLEX
Volume I

Transmittal No. I-5-4-36 (Revised)

Division 5: Temporary Instructions

Subject: State of New York v. Sullivan

Background

On January 3, 1994, OHA published HALLEX Temporary Instruction (TI) 5-436 concerning implementation of relief in the State of New York v. Sullivan class action (the exercise test case). Paragraph number 15. of the State of New York Order and Judgment (Attachment 1 to the TI) provides that SSA shall forward individuals a notice of SSA's class membership determination, including an explanation when SSA determines that an individual is not a class member. Individuals who are dissatisfied with SSA's determination that they are not entitled to relief as a State of New York class member may contact class counsel or SSA's Office of the General Counsel to object to the determination. Paragraph 15. further provides that either party or the individual claiming class membership may submit any unresolved class membership dispute to the district court for resolution.

Explanation of Content and Changes

In an effort to improve the handling of disputes concerning SSA's determinations that individuals are not entitled to relief as State of New York class members, the parties have agreed to amend the notice of non-class membership (HALLEX TI 5-436, Attachment 4). On September 6, 1995, SSA electronically mailed to all affected personnel emergency instructions for revising the non-class member notice. The revised notice requires the SSA screener to indicate the date(s) of the decisions that were considered in making the non-class membership determination (item B. 7.). In an added paragraph, SSA requests that individuals who disagree with the non-class member determination notify SSA as soon as possible (within 60 days) and provide specific information, if any, regarding their reason for believing that the determination is wrong (item D. 3.).

In addition, we have revised the notice to update the telephone number for The Legal Aid Society, and to incorporate several minor editorial changes.

Remove

Remove from 5-400, Court Cases:

Attachment 4, “STATE OF NEW YORK V. SULLIVAN (The Exercise Test Case) NON-CLASS MEMBER NOTICE,” to TI 5-436 dated January 3, 1994 (3 pages).

Insert

Insert in 5-400, Court Cases:

Attachment 4, “STATE OF NEW YORK V. SULLIVAN (The Exercise Test Case) NON-CLASS MEMBER NOTICE,” to TI 5-436 (3 pages).

Date: January 30, 1996