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Office of Hearings and Appeals

Volume I

Transmittal No. I-5-4-37 (Revised)

Division 5: Temporary Instructions

Subject: Boring v. Sullivan


On February 28, 1994, OHA published HALLEX Temporary Instruction (TI) 5-437 concerning implementation of the Boring v. Sullivan class action. Paragraph number 12. of the Boring Stipulation and Order (Attachment 1 to the TI) provides that class counsel may review the data or documents relied on by SSA in making class membership determinations.

Explanation of Content and Changes

Pursuant to class counsel's review and concern about certain screening determinations, SSA has agreed to eliminate question number 8. from the screening sheet. Although question number 8. is consistent with 2.(m) of the Stipulation and Order, cases involving primary and secondary mental impairment diagnoses (as well as cases involving a primary mental impairment diagnosis but no secondary diagnosis) may also contain a physical residual functional capacity (RFC) form. Because the physical RFC form may provide the basis for class membership, the use of question number 8. could result in the inappropriate screen-out of claimants who have a physical impairment(s) in addition to a mental impairments(s). Accordingly, SSA has reprinted the screening sheet to delete question number 8. The deletion will ensure that case screening for claimants whose primary impairment(s) is mental will proceed to question number 9., i.e., to determine whether they received a physical RFC assessment from Drs. Brown or Pickens. (To maintain consistency in reporting data to the Civil Action Tracking System, the questions on the screening sheet have not been renumbered.)


Remove from 5-400, Court Cases:

Attachment 4, “BORING SCREENING SHEET”, to TI 5-437, dated February 28, 1994 (2 pages).


Insert in 5-400, Court Cases:

Attachment 4, “BORING SCREENING SHEET” (Form SSA, dated May 1995), to TI-5-437 (2 pages).

Date: August 18, 1995