Division 5: Temporary Instructions
Subject: Samuels v. Bowen
Until a new OHA manual system is developed, the Associate Commissioner has approved issuance of interim instructions under the prior OHA Handbook Interim Circular (IC) format. ICs will be used to disseminate quickly new or revised material. The last Interim Circular issued was IC No. 196, “Bailey, et al. v. Bowen”. This is the first transmittal of an IC since then and we will continue that numbering system. However, each IC will be issued using a special transmittal sheet. These transmittal sheets will also be numbered, beginning with this Transmittal No. 1. You should file it and all future releases in this series with other temporary instructions that will be issued while the new OHA manual is being developed. You will soon receive a check sheet listing the temporary instructions that remain in effect.
As we incorporate the material in this IC and other temporary instructions now in existence into the new manual system, we will rescind the temporary instructions.
On August 19, 1986, the U.S. District Court for the Western District of Tennessee issued an order in a Statewide class action (Samuels, et al. v. Bowen, et al.) challenging the Secretary's policies and practices with regard to obtaining and evaluating medical evidence at the initial and reconsideration levels of adjudication. On March 16, 1987, the court issued a final judgment for implementation of the August 19 order.
This Interim Circular contains instructions and procedures that will govern the substantive adjudication and processing of pending and prospective cases under the Samuels orders affecting Tennessee residents. A further Interim Circular with procedures and instructions for processing the retroactive class will be issued subsequently.
Interim Circular No. 197
Date: August 24, 1987