DI PHI11005.015 Holman Notice - Pennsylvania Residents

See DI 11005.000

A. Background

Holman v. Bowen provides that a declarative statement regarding timely payment (see DI PHI11005.015C. Exhibit - Holman Notice) be given to all individuals who:

  • reside in Pennsylvania; and

  • file an initial claim or reconsideration request for disability benefits (Title II and/or Title XVI).

This notice advises individuals they are entitled to implementation of favorable decisions within a reasonable time. The declarative statement enables individuals to inquire about the status of their claims and potentially, seek judicial relief.

B. Operating Procedures

A Holman notice will be issued to - residents of Pennsylvania who: - file an initial disability claim, or - file a reconsideration request (even if Holman notice was issued at the initial filing).

NOTE: The Office of Hearings and Appeals and the Appeals Council will include a different version of the declarative statement in notices of favorable decisions. No issuance of the declarative statement is required in favorable court decisions.

C. Exhibit - Holman Notice

The language for this declarative statement has been approved by the plaintiff's attorney and the Office of the General Counsel, and it may not be altered. The Holman notice should be locally reproduced (facsimile without a header included for this purpose).

YOUR RIGHT TO PAYMENT WITHIN A REASONABLE TIME

We are required by a District Court order in Holman et al. v. Bowen, (Civ. No. 78-0494, M.D. PA. May 1, 1987), to notify you of your right to have your disability payments sent to you by us within a reasonable time after a favorable determination of your eligibility for benefits.

If you would like to know whether a favorable determination of your claim has been made, you may contact any Social Security office and request this information. If your claim was approved, the Social Security office will tell you when it was approved and when you can expect to receive payment.

If, at any time, you feel that your payments are being unreasonably delayed, you may seek relief from a United States District Court.

You may wish to contact an attorney regarding your rights. If you do not have an attorney, free legal services may be available if you qualify for them due to financial need. For further information about where to apply for free legal help, you may call the Law Coordination Center, toll free, at 1-800-732-3545.


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0411005015PHI
DI PHI11005.015 - Holman Notice - Pennsylvania Residents - 01/06/2009
Batch run: 01/27/2009
Rev:01/06/2009