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Office of Hearings and Appeals

Volume I

Transmittal No. I-5-4-17 (Revised)

Division 5: Temporary Instructions

Subject: Bailey, et al. v. Sullivan

Action Note

In I-5-417 VI.E., on page 17, change “HO, OAO, or OCA personnel” to “HO or OAO personnel.”

In I-5-417 VI.D.2.c., on page 13, delete “Office of Civil Actions” in the address following the forth bullet.


Pursuant to Public Law 103-296, the Social Security Independence and Program Improvements Act of 1984. the functions of the Secretary of Health and Human Services in Social Security cases were transferred to the Commissioner of Social Security, effective March 31, 1995.


On September 29, 1992 the Office of Hearing and Appeals (OHA) published HALLEX Temporary Instruction (TI) 5-417 to implement the parties' joint stipulation and the court's order in the Bailey, et al. v. Sullivan class action involving the “not severe” impairment issue. The TI delineates OHA component responsibilities, including the responsibilities of the then-existing Office of Civil Actions (OCA) and the Office of Appellate Operations (OAO), for such actions as receiving and processing alerts, screening cases, sending notices to potential class members, and routing cases. On February 6, 1995, OCA lost its independent identity and was merged into OAO and the Office of Policy, Planning and Evaluation. OAO assumed responsibility for the functions previously performed by the OCA operating divisions.

Explanation of Content and Changes

The change in OAO's functional responsibilities with respect to class action implementation necessitates a change in the TI provisions with respect to component responsibilities for processing the Bailey class action. The implementation workload previously handled by OCA will now be processed by OAO through the OAO Class Action Coordinator. This action note and the attached replacement pages provide the addresses for the receipt in OAO, through the OAO Class Action Coordinator, is now responsible for the class action processing functions formerly performed by the OCA operating divisions.


Remove from 5-400, Court Cases:

Pages 5-through 8 and pages 11 and 12 of TI 5-417, dated September 29, 1992 (6 pages).

Attachment 2 of TI 5-417.


Insert in 5-400, Court Cases:

Pages 5 through 8-C and pages 11 and 12 of TI 5-417, dated June 26, 1996 (9 pages).

Attachment 2 of TI 5-417, dated June 26, 1996 (1 page).

Date: June 26, 1996