This is the exhibit for the pre-2007 Martinez Class Members. We mailed this letter to all identified Title II Martinez Class Members on 4/14/10. A copy of this letter is available for viewing on the Online Retrieval System (ORS), # 11 MASS MAIL off the ORS Main Menu, item #18, T2-pre-2007.

 

Social Security Administration

Retirement, Survivors, and Disability Insurance

Important Information

 

Payment Center Name

Office Address:

Claim Number

 

Payee/Beneficiary Name

Address

 

 

IMPORTANT – READ CAREFULLY

 

You may be a class member in a recently settled court case called Martinez v. Astrue.

The Martinez settlement changes the types of felony arrest warrants that we will use to suspend Social Security benefits. This settlement does not apply to persons whose benefits we stopped because of an arrest warrant for a parole or probation violation.

 

As of April 1, 2009, we are suspending benefits for only certain types of felony arrest warrants.

 

Based on this settlement, if we stopped paying you on or after January 1, 2005, and before January 1, 2007, because of certain types of felony arrest warrants:

 

• •

  We will remove any remaining fugitive felon overpayment balance on your record. We will tell you in another letter when we remove an overpayment balance. You do not need to contact us about this.

• •

  We may start payments if you were not getting payments as of April 1, 2009. If you call us within 6 months of the date of this letter and you qualify, we can start payments as far back as April 1, 2009. To get these payments you must call us at 1-800-772-1213.

 

If You Have Any Questions

We invite you to visit our website at www.socialsecurity.gov on the Internet to find general information about Social Security. If you have any specific questions, you may call us at 1-800-772-1213. If you are deaf or hard of hearing, you may call our TTY number, 1-800-325-0778. You can also write or visit any Social Security office. The office that serves your area is located at:

 

SSA FO Address

 

 

If you do call or visit an office, please have this letter with you. It will help us answer your questions.

 

SI USTED HABLA ESPANOL

Si usted habla español y no entiende esta carta, por favor llame o visite su oficina local de Seguro Social. Un representante de la oficina de Seguro Social le explicará esta carta. Debe informarle que usted está respondiendo al aviso, Martinez v. Astrue.

 

 

Signature

ARC PSC Director

 

We developed special language to use for pre-2007 Martinez overpayment relief cases. The captions for the language are listed in GN 02613.869B.1. (in this section) and the specific paragraph language is listed in GN 02613.869B.2. (in this section). The system automatically utilizes the appropriate language in creating the notices sent to the beneficiary to explain removal or reduction of the pre-2007 fugitive felon overpayment.

You will find the Pre-2007 Title II Martinez generic settlement notice in AURORA. The notice identifier is E4003, Martinez Title II Pre-2007.

Process the E4003, Martinez Title II Pre-2007 Martinez Settlement notice as follows:

• •

  Prepare the E4003 notice to the beneficiary or representative payee on behalf of the beneficiary.

• •

  Send a copy of this notice to the Online Retrieval System (ORS) for documentation that you sent the beneficiary a pre-2007 T2 Martinez generic notice.

• •

  Follow the instructions for processing requests for special notices for blind or visually impaired claimants and beneficiaries as indicated in EM-09088 SEN dated 12/31/09 and EM-10021 SEN dated 3/17/10.

• •

  Hold the case for two processing days after releasing the notice for mailing.

• •

  After the 2-day hold on the case, continue processing the reinstatement action per the instructions in GN 02613.868B.4.

In order to respond to inquiries from beneficiaries regarding the pre-2007 Martinez generic notice mailing, the FO now has the ability to view the language that was included in the Title II pre-2007 generic notice that we sent to Martinez Class Members. This notice is available in the Document Processing System (DPS). It is located in the Post Entitlement folder titled “Martinez Title II Pre-2007.”