The appropriate OAO CCPRB is responsible for processing any
court remands of named class member claims. Before taking any action,
CCPRB staff will consult with the OHA component with lead responsibility
of the class action to ensure that a remand is ready for processing,
e.g., that a class action court order is not being appealed or that
no special problems exist. The CCPRB will not delay action on the
remand awaiting publication of HALLEX instructions. However, if
instructions are not in place, CCPRB staff will attach a copy of
the applicable class action court order to the remand.
In all cases involving court remands of named class members,
the CCPRB will send a recommendation to the Appeals Council that
explains the basis for the recommendation by referring to the terms
of the class action or settlement court order. The “fast track” procedure
will not be used. However, an exception to Appeals Council consideration
may be necessary if there are large numbers of named plaintiffs.
The CCPRB Branch Chief will consult with the Executive Director
of OAO before making any exception.
Courts may sometimes remand large numbers of claims for individuals
who appear to be unnamed class members, for the Commissioner to
provide relief consistent with a class action order or settlement
agreement. Unless the Commissioner has stipulated to class relief prior
to remand, the CCPRB must first screen such cases for entitlement
to class membership. The CCPRB will proceed pursuant to discussion
with the Office of Program Law in OGC on a case-by-case basis.
If a claimant is a class member entitled to relief and HALLEX
instructions are not yet in place, the CCPRB will consult with the
OHA component with lead responsibility for the class action concerning
processing instructions.