TN 11 (08-10)
GN 02613.867 Title II Post 2006 Martinez Settlement Notice and Paragraphs
A. Title II Post 2006 Martinez Settlement Notice Exhibit
This is the exhibit for the post-2006 Martinez Class Members. A copy of this letter is available for viewing on the Online Retrieval System (ORS), # 11 MASS MAIL off the ORS Main Menu, item #19, T2-post-2006.
Social Security Administration
Retirement, Survivors, and Disability Insurance
Payment Center Name
[Date of mailing]
Payee Name and address
IMPORTANT – READ CAREFULLY
We recently agreed to a settlement in a 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, under the Martinez settlement, we are suspending benefits for only certain types of felony arrest warrants. Some individuals who were suspended January 1, 2007 or later may get back benefits.
We are sending this letter to alert potential class members of this settlement agreement. We will tell you in another letter if you qualify for relief under this settlement and if we plan to restart your benefits. You do not need to contact us about this.
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 Field Office 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.
ARC PCO Director
1. Title II Martinez paragraphs
The following are special captions and paragraphs for use in Martinez cases. The captions are listed in GN 02613.867A.2. (in this section) and the paragraphs are listed in GN 02613.867A.3. (in this section). The system automatically utilizes the appropriate language in TII Redesign (T2R); MADCAP actions utilize the same language.
2. Caption for Martinez settlement relief notices
INFORMATION ABOUT THE MARTINEZ SETTLEMENT
Information About the Martinez Settlement
3. Martinez settlement relief resumption paragraph
We have reviewed (_1_) claim because of the settlement of the Martinez court case. This settlement changes the types of warrants that we can use to affect the payment of benefits. Our records show that (_2_) an outstanding warrant that we will no longer use to affect the payment of (_3_) benefits.
Choice 1 – your
Choice 2 – Beneficiary’s name
Choice 1 – you have
Choice 2 – Beneficiary’s name has
Choice 1 – your
Choice 2 – his
Choice 3 - her
B. PSC AURORA Post-2006 Title II Martinez Generic Settlement Notice
You will find the post-2006 Title II Martinez generic settlement notice in AURORA. The notice identifier is E4002, Martinez Title II Post-2006.
Process the E4002, Martinez Title II Post-2006 Martinez Settlement notice as follows:
Prepare the E4002 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 post-2006 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 REV3 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 02613.865D.3.b., step 3.
C. Post-2006 Title II Martinez Generic Notice on DPS
This notice is now available in the Document Processing System (DPS). It is in the Post Entitlement folder and is titled “Martinez Title II Post-2006.”