Division 5: Temporary Instructions
Subject: Processing Retroactive Class Member Cases in Samuels
OHA issued TI 5-418, Supplement A, under date of May 30, 1989. to provide information on processing retroactive class member cases under the Samuels class action. The supplement included a screening sheet at Attachment A.
Item 5 under Part B of the screening sheet, regarding class membership at the OHA level, does not give a beginning date for cases processed at the Appeals Council level. This is because the primary basis for class membership at the OHA level is an ALJ's decision or dismissal issued at any time within the given timeframes (the Samuels period). Action at the Appeals Council level, if any, is important only from the standpoint of whether the action occurred on or before the closing date for the class — August 23, 1987. We have reworded the language on the screening sheet to make this clear. There is no change in the instructions for item 5 of the screening sheet.
In the binder for TIs, remove Attachment A to TI 5-418, Supplement A.
In the binder for TIs, insert replacement Attachment A to TI 5-418, Supplement A.
Date: February 15, 1991