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Office of Hearings and Appeals

Volume I

Transmittal No. I-5-4-4

Division 5: Temporary Instructions

Subject: Hyatt v. Shalala


On December 19, 1985, the Office of Hearings and Appeals (OHA) issued Interim Circular No. 163 (Revised), subsequently incorporated into HALLEX as Temporary Instruction (TI) 5-404, to implement relief to a class of individuals that later became known as the Hyatt I class. On August 9, 1988, OHA issued Supplement A to I.C. 163, also incorporated into HALLEX as TI 5-404, to implement relief to the Hyatt II class.

On March 21, 1994, the United States District Court for the Western District of North Carolina approved a joint Stipulation and Order of Settlement that describes the relief to be provided to the Hyatt III class.

Explanation of Content and Changes

We are issuing a completely revised TI 5-404 to implement the provisions of the March 21, 1994 settlement order. Effective with publication of this revised TI, any pending Hyatt II reviews will be conducted pursuant to the Hyatt III procedures contained in this TI.


Remove from 5-400, Court Cases:

TI 5-404 (IC 163 (Revised)) dated December 19, 1985, and TI 5-404, Supplement A, (IC 163 (Revised) Supplement A) dated August 9, 1988.


Insert in 5-400, Court Cases:

TI 5-404 (Revised) dated November 16, 1994.

Date: November 16, 1994