I-1-7-5.Negotiated Settlements

Last Update: 9/14/05 (Transmittal I-1-56)

Class actions can be settled in whole or in part if all parties can agree on a proposed resolution of the issue(s) and any relief to be afforded. Only OHA's Associate Commissioner, or his or her designee, may commit OHA to a settlement agreement. OHA may receive plaintiff or SSA-initiated settlement offers for comment. The lead OHA component, OAO or OCALJ depending on the focus of impact, will prepare a brief summary, assemble a background package, and forward it to the Associate Commissioner for review and approval or disapproval.

If a case is settled, the court will issue an implementation order. The majority of the following HALLEX chapter deals with how class action implementation issues are handled.