TN 14 (09-11)

GN 02613.885 Inquiries about Martinez Settlement Relief Received at SSA

A. Inquiries about Martinez relief

To ensure that we make the appropriate responses to any public inquiries, follow the instructions in this section.

1. National 800 Number receives Martinez settlement relief inquiry

When you receive an inquiry related to the Martinez settlement, handle as follows:

  • Advise the caller that no further action is required on his or her part at this time. We will contact the caller if further action is required.

  • If the caller expresses dissatisfaction with the explanation or has additional questions, send a manual development worksheet (MDW) to the field office (FO) for title XVI inquiries and to the processing center (PC) for title II inquiries.

    Include the following information in REMARKS: Martinez Settlement, and any reason the caller states concerning whether the Martinez settlement applies to him or her (e.g., class member received a post-2006 informational notice).

2. FOs or PCs receive Martinez settlement relief inquiry

FOs may receive Martinez settlement relief inquiries via direct contact with beneficiary or recipient at the FO, via telephone, fax, or mail. PCs may receive telephone, fax, or mail, inquiring about relief. FOs and PCs must process all Martinez settlement relief inquiries as illustrated in the instructions GN 02613.885B in this section.

3. FO Pending Lists

We previously instructed FOs to add the beneficiary’s or recipient’s information (name, SSN, current address, and phone number) to the FO pending list of individuals who contacted the FO about Martinez relief. Stop adding new information to the FO pending list. Instead, process all FO inquiries on the FO pending list and new inquiries for Martinez settlement relief per the instructions GN 02613.885B in this section.

B. Screening guide for responding to Martinez relief inquiries

The chart below summarizes instructions for responding to inquiries for Martinez relief.

Steps

Action on Inquiry on the Pending List

Action Instructions

1

Query the Civil Action Tracking System (CATS) for potential Martinez relief

Review the Court Case Identifier (CCIDs) on CATS, go to GN 02613.885C.1. in this section

If inquirer is on CATS go to Step 2.

If inquirer is not on CATS go to Step 4.

2

Identify the type of Martinez relief

Determine the specific relief the inquirer will receive, go to GN 02613.885C.2. in this section then, go to Step 3.

3

Process the inquirer’s Martinez relief

Process the inquiry to completion; go to GN 02613.885C.3.a. in this section.

4

Inquirer is not on CATS

Process the inquiry to completion; go to GN 02613.885C.3.b. in this section.

C. Determine if relief was processed

Follow the instructions in this section to determine how to respond to inquiries.

1. Query the Civil Action Track System (CATS)

We have loaded names and SSNs of individuals potentially eligible for relief into CATS. The instructions for using CATS are in MSOM CATS 001.001 through MSOM CATS 011.001. You can find the CCID codes listed in GN 02613.860D.2.

Query CATS to see if the beneficiary or recipient was loaded on CATS and under which CCID codes.

If the inquirer is not on CATS, go to GN 02613.885C.3.b. in this section for instructions on processing the inquiry.

2. Review records of beneficiary or recipient listed on CATS

The following chart provides information on the CCIDs (F1, F2, F3, F4, F5, F6, and F7) that are on CATS.

Go to the applicable CCID code(s) in the chart and review the items indicated to determine what potential relief was due the beneficiary or recipient and if relief was processed.

a. F1 TII Post-2006

Review of Records

Relief Applied

For F1 records:

  • Review the CO MSG1 field of the Master Beneficiary Record (MBR). If we applied post-2006 relief to the record, the following information appears “MARTINEZ COURT CASE POST-2006 RELIEF APPLIES.”

  • Review the FUGITIVE line on the MBR to determine if we processed the post-2006 relief. The FUGITIVE line addresses each felony warrant separately.

  • Review the HISTORY line of the MBR to see if resumption action removed the fugitive felon suspension annotation.

  • If the MBR FUGITIVE line does not show the warrant resumption data or good cause information, check the Processing Center Action Control System (PCACS) for TII Martinez processing actions or exceptions. For information about PCACS, see MSOM PCACS 001 through MSOM PCACS 014.

  • After you determine if Martinez relief was due and processed, go to GN 02613.885C.3.a.2. in this section.

For F1 records:

If the felony warrant is resolved, the FUGITIVE line of the MBR will show:

  • RESUMPTION DATE – MM/CCYY (date of resumption action)

  • RESUMPTION RSN – GOOD CAUSE

  • GOODCAUSE – COURT DECISION

  • The HISTORY line of the MBR will no longer contain the coding of S9 and FUGFEL for the fugitive felon suspension period.

  • PCACS indicates a post-2006 resumption processing exception with a TOEL of FELRESU and a date of 12/21/09 or 12/22/09. PCACS will generate a TOEL of FELSRESU for the exception to the jurisdictional PC for MADCAP processing.

  • If the case is listed but not complete, follow processing instructions GN 02613.885C.3.a.1. in this section.

b. F2 TII Pre-2007

Review of Records

Relief Applied

For F2 records:

  • Review the CO MSG1 field of the MBR. If we selected the case for pre-2007 relief the following information appears: “MARTINEZ COURT CASE PRE-2007 RELIEF APPLIES”

  • Review the FUGITIVE data line on the MBR to determine if we processed the pre-2007 relief. The FUGITIVE line addresses each felony warrant separately.

  • The HISTORY line of the MBR will retain the fugitive felon suspension information.

  • The O/U PAY data line of the MBR will show the Due Process Overpayment Type (DPOT) T2 FF/SUS/FEL, (Type of Event (TOE) 73), if this is a fugitive felon overpayment. The Due Process Overpayment Amount (DPO) should be identical to the amount that appears on the ROAR record as a fugitive felon overpayment event, TOE 73.

  • If the DPOT is other than TOE 73, see the instructions in GN 02613.868B.5 for information on consolidated overpayment balance reductions.

  • F2 cases went to the PCs for removal of the beneficiary’s fugitive felon overpayment balance. The pre-2007 Martinez relief cases have a PCACS issue to alert the technician that the case is available for processing. PCACS contains the following information to identify the pre-2007 case:

    TOEL1: OPMT TOEL2: ISSUE TOEL3: ROAR TOEL4: MARTF2

  • Review the ROAR record to determine if a ROAR transaction removed the fugitive felon overpayment balance (T2 FF/SUS/FEL, TOE 73), or if a ROAR transaction reduced the consolidated overpayment balance by the amount of the T2 FF/SUS/FEL overpayment balance.

  • The Online Retrieval System (ORS) will contain a copy of the notice that ROAR sent to the beneficiary notifying him or her of the removal or reduction of the fugitive felon suspension overpayment.

  • After you determine if Martinez relief was due and processed, go to GN 02613.885C.3.a.2. in this section.

For F2 records:

If the felony warrant is resolved, the FUGITIVE line of the MBR will show:

  • FUGITIVE WARRANT DATE-MM/DD/CCYY (date is 12/31/06 or earlier)

  • FELON STATUS-FELONY CHARGE or FELONY CONVICT

  • WARRANT SATISFIED DATE:  MM/DD/CCYY (date is 12/31/06 or earlier)

  • WARRANT ENDED REASON:  APPREHENDED or DISMISSED

  • The HISTORY line of the MBR will contain the coding of S9 and FUGFEL for the fugitive felon suspension period.

  • The O/U PAY line will not contain the T2 FF/SUS/FEL overpayment amount if the ROAR action removed this overpayment from the record.

  • The ROAR transaction reduces the O/U PAY consolidated overpayment balance TOE 33 MISCELLANEOUS) by the T2 FF/SUS/FEL overpayment amount.

  • PCACS TOEL will no longer appear once the ROAR action is processed and we remove the fugitive felon overpayment.

  • ROAR will show the following entries if a transaction was input to remove the fugitive felon overpayment balance:

    ROAR fugitive felon overpayment removal example:

    EVENT    EI-03 TF-DI TOE-T2 FF SUS/FEL WAR
    JURIS-PCMOD STATUS-WAIVED
    HISTORY RUN DATE TRAN AMOUNT SRC
    10/18/10 12 $14236.80
    10/20/10 53 $14236.80 1-PSC
    SOURCE-PC7
    CAT-10--MARTINEZ DECISION

    ROAR consolidated overpayment reduction example:

    EVENT    EI-03 TF-DI TOE-MISCELLANEOUS
    JURIS-PCMOD STATUS-Bene Adj
    HISTORY RUN DATE TRAN AMOUNT SRC
    10/18/10 12 $14236.80
    10/20/10 53 $14236.80 1-PSC
    SOURCE-PC7
    CAT-10--MARTINEZ DECISION
    10/20/10 41 $100.00 SOURCE-420
    WHLD-$100.00 COM -10/10
    LST WH - 6/11 SSC-2
  • Review the ROAR notice on ORS. The POSTING DATE for the notice will show 08/01/10 or later and the REPORT ID for the notice will show “NS2ROR01.”

  • If the case is listed but not complete, follow processing instructions in GN 02613.885C.3.a.1. in this section.

c. F3 TII Appeals

Review of Records

Relief Applied

For F3 records:

  • Review the CO MSG1 field of the MBR. If we selected the case for post-2006 Appeals relief for the record, the following information appears “MARTINEZ COURT CASE TITLE II APPEALS.”

  • Review the FUGITIVE data line on the MBR to determine if we processed the post-2006 Appeals relief.

    NOTE: The FUGITIVE line addresses each felony warrant separately.

  • The Office of Disability Adjudication Review had to make a decision on the pending administrative appeal (ALJ or AC level appeal) before the case was sent for PC processing. If the case is on CATS, but the MBR FUGITIVE line does not show we processed the post-2006 Appeals relief, check the Case Processing Management System (CPMS) or Appeals Review Processing System (ARPS) for the status of the administrative appeal.

  • After you determine if Martinez relief was due and processed, go to GN 02613.885C.3.a.2. in this section.

For F3 records:

  • If the appeal is decided and we already processed the appeal relief, SSA records will reflect the annotations illustrated in GN 02613.885C.2.a. in this section for post-2006 relief.

  • If the case does not qualify as an appeal case, and we already processed the pre-2007 Martinez relief, SSA records will reflect the annotations illustrated in GN 02613.885C.2.b. in this section for pre-2007 relief.

  • If the case is listed but not complete, follow processing instructions in GN 02613.885C.3.a.1. in this section.

d. F4 or F6—T16 Post-2006

Review of Records

Relief Applied

For F4 or F6 records:

  • Review the CRZD field on the SSR for a RZ with a profile code of “S” and selection indicator of “J” or review the CG field on the SSR for a specific Martinez identifier.

  • After you determine if Martinez relief was due and processed, go to GN 02613.885C.3.a.2. in this section.

For F4 or F6 records:

  • A profile code of “S” and selection indicator of “J” along with a date in the RZC field means we completed the Martinez redetermination.

  • If the profile code of “S” and selection indicator of “J” are present and the RZI field contains a date but the RZC field is blank, follow processing instructions in GN 02613.885C.3.a.1 in this section.

  • If the CG field on the SSR shows “NMRG”, we referred the case for cleanup. To provide relief, follow processing instructions in GN 02613.885C.3.a.1. in this section.

If an F4 or F6 record does not have an RZ with a profile code of “S” and selection indicator of “J” or the Martinez identifier of NMRG in the CG field, then:

  • Review the Martinez SSTNG Exception website to determine if we provided relief.

  • After you determine if Martinez relief was due and processed, go to GN 02613.885C.3.a.2. in this section.

  • A case marked complete on the Martinez SSTNG Exception website means we processed the Martinez relief.

  • If the case is listed but not complete, follow processing instructions in GN 02613.885C.3.a.1. in this section.

e. F5 or F7 – Title 16 Pre-2007

Review of Records

Relief Applied

For F5 or F7 records:

  • Review the PRSN and OPDD fields on the SSR to determine if we provided relief.

  • After you determine if Martinez relief was due and processed, go to GN 02613.885C.3.a.2. in this section.

For F5 or F7 records:

  • In the PRSN field, verify the AP date equals 04/01/09, or

  • In the OPDD section, verify the TR1 field contains an NE, N, or NT TAC

  • An AP date that equals 04/01/09 or the TR1 field contains a NE, N, or NT TAC means we provided Martinez relief.

NOTE: A review of multiple SSRs may be required to determine if we provided relief.

If an F5 or F7 does not have an AP date of 04/01/09 in the PRSN field or the TR1 field in the OPDD section does not contain an NE, N, or NT TAC, then:

If the case is pending, follow processing instructions in GN 02613.885C.3.a.1. in this section.

3. Complete the review of the inquiry

a. Inquirer on CATS

  1. Inquirer not given relief

    If we did not give the inquirer Martinez relief, process as indicated in the chart to determine what relief to provide, if any:

    Martinez Relief

    Processing Instructions

    Title II post-2006 relief

    GN 02613.865 Title II Post-2006 Martinez Settlement Relief Processing

    Title XVI post-2006 relief

    GN 02613.875 Title XVI Post-2006 Martinez Settlement Relief Processing

    EXCEPTION: Follow all processing instructions except complete an unscheduled RZ instead of a regular RZ. For additional information on unscheduled RZs, see SI 02305.022.

    NOTE: If there is a felony warrant in FFSCF with no corresponding N25 nonpayment period, refer the case to your Regional Fugitive Felon Coordinator (RFFC) for guidance on providing relief. The list of RFFCs is in GN 02613.990.

    Title II pre-2007 relief

    GN 02613.868 Title II Pre-2007 Martinez Settlement Relief Processing

    Title XVI pre-2007 relief

    GN 02613.880 Title XVI Pre-2007 Martinez Settlement Relief Processing

    NOTE: If there is a felony warrant in FFSCF with no corresponding N25 nonpayment period, refer the case to your Regional Fugitive Felon Coordinator (RFFC) for guidance on providing relief.

  2. Inquirer received relief

    If you determine that we gave the inquirer relief, tell the inquirer that we gave the inquirer Martinez settlement relief.

    Explain the type of Martinez relief and the date we processed the relief. We describe the types of Martinez relief in GN 02613.860B and GN 02613.860C.

    Provide the inquirer with copies of any notices we issued regarding the relief. The notices are available on the Online Retrieval Systems (ORS).

b. Inquirer not on CATS

If there is no record of the inquirer on CATS, check the Fugitive Felon System Control File (FFSCF) to determine if the inquirer has any warrants, after 1999 and before July 2011.

Use the instructions in the chart to review the warrant information:

Warrant Record on FFSCF

Action

Warrant offense code is 4901, 4902, 4999, 5011, 5012, 8101, 8102, or blank or 9999 with an offense charge symbol of probation or parole violation

  • Explain that the warrant was not subject to Martinez relief.

  • Prepare a notice as illustrated in GN 02613.885D in this section.

  • Give the notice to the inquirer.

  • Send a copy of the notice to the ORS.

Warrant offense code is not 4901, 4902, 4999, 5011, 5012, 8101, 8102, or blank or 9999 with an offense charge symbol of felony

  • Determine any type of Martinez Settlement relief due the inquirer based on the instructions in GN 02613.885B in this section.

  • Process the Martinez settlement relief per the instructions in GN 02613.885C.3.a.1. in this section.

No warrant information on FFSCF and no period of fugitive felon suspension or non-payment on SSA records.

  • Explain that Martinez relief does not apply.

  • Prepare a notice as illustrated in GN 02613.885D in this section.

  • Give the notice to the inquirer.

  • Send a copy of the notice to ORS.

All other situations not identified above in this chart

  • Refer the SSN and the case information to your RFFC. The RFFC will review the case and determine the appropriate action for the inquiry. The list of RFFCs is in GN 02613.990.

Send non-class members who have inquired about eligibility for Martinez settlement relief a Martinez Notice of Inquiry.

The Martinez Notice of Inquiry is located in GN 02613.885D in this section.

D. Exhibit: Martinez Notice of Inquiry

The new Title II and Title XVI Martinez Notice of Inquiry will inform non-class members who inquired about possible Martinez relief that they are not eligible to receive Martinez settlement relief. The notice offers the non-class members two ways they may obtain more information about the settlement.

You can locate the notices in the Document Processing System (DPS), Post-Entitlement Folder, and search for Martinez Notice of Inquiry. Send a copy of the completed notice to Online Retrieval System (ORS).

1. Title XVI Martinez Notice of Inquiry

Social Security Administration

Supplemental Security Income

Important Information

                                                               Date:

                                                               Claim Number: xxx-xx-xxxx DI

Recipient Name

111 Fleet Lane

SANDY CT 14094

Dear Recipient:

We are writing to you because you contacted us in 2009 or later about the Martinez Class Action Settlement. We have completed almost all actions required by the settlement. If we did not contact you about settlement relief, you have 2 ways to get more information:

  • You can learn more about the details of the Martinez settlement by visiting our website at www.socialsecurity.gov/martinezsettlement/index.htm .

  • You may also contact the attorney appointed by the court to represent class members. His name is Gerald McIntyre of the National Senior Citizens Law Center. You can reach him at 3435 Wilshire Blvd., Suite 2860, Los Angeles CA 90010-1938. Telephone: 213-674-2900; E-mail: gmcintyre@nsclc.org  

If You Have Any Questions

For general information about SSI, visit our website at www.socialsecurity.gov on the Internet. You will find the law and regulations about SSI eligibility and SSI payment amounts at www.socialsecurity.gov/SSIrules/.

For general questions about SSI or specific questions about your case, you may call us toll-free at 1-800-772-1213 or call your local Social Security office at XXX-XXX-XXXX. If you are deaf or hard of hearing, you may call our TTY/TDD number 1-XXX-XXX-XXXX. If you call or visit our office, please bring this letter with you.

                                                                       Field Office Manager Name

                                                                       Field Office Manager Signature

2. Title II Martinez Notice of Inquiry

Social Security Administration

Retirement, Survivors, and Disability Insurance

Important Information

                                                                        Date:

                                                                        Claim Number: xxx-xx-xxxx A

Beneficiary

111 Main St.

Baltimore MD 11111

Dear Beneficiary:

We are writing to you because you contacted us in 2009 or later about the Martinez Class Action Settlement. We have completed almost all actions required by the settlement. If we did not contact you about settlement relief, you have 2 ways to get more information:

  • You can learn more about the details of the Martinez settlement by visiting our website at www.socialsecurity.gov/martinezsettlement/index.htm .

  • You may also contact the attorney appointed by the court to represent class members. His name is Gerald McIntyre of the National Senior Citizens Law Center. You can reach him at 3435 Wilshire Blvd., Suite 2860, Los Angeles CA 90010-1938. Telephone: 213-674-2900; E-mail: gmcintyre@nsclc.org  

If You Have Any Questions

For general information about Social Security we invite you to visit our website at www.socialsecurity.gov on the Internet.

For general questions and specific questions about your case, you may call us toll-free at 1-800-772-1213, or call your local Social Security office at XXX-XXX-XXXX. We can answer most questions over the phone. If you are deaf or hard of hearing, you may call our TTY/TDD number 1-XXX-XXX-XXXX. If you do call or visit an office, please have this letter with you. It will help us answer your questions.

                                                                       Field Office Manager Signature

                                                                       Field Office Manager Name


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0202613885
GN 02613.885 - Inquiries about Martinez Settlement Relief Received at SSA - 09/21/2011
Batch run: 09/21/2011
Rev:09/21/2011