Citations:

Dixon, et al. v. Shalala,

United States District Court for the Southern District of New York

TN 49 (08-95)

DI 12521.001 Dixon, et al. v. Shalala Court Order

A. Background

1. Issuance of Court Order

On December 22, 1993, the United States District Court for the Southern District of New York issued an order in Dixon, et al. v. Shalala, which provides relief to certain individuals denied or terminated between June 1, 1976, and July 19, 1983, inclusive, based on a finding that they did not have a severe impairment or that their impairment(s) was only slight.

On April 19, 1995, following the Social Security Administration's (SSA's) appeal, the United States Court of Appeals for the Second Circuit affirmed the district court's decision and clarified how the 1993 Dixon court order should be implemented.

2. Class Counsel

Class Counsel is:

Legal Aid Society
199 Water Street, 3rd Floor
New York, New York 10038

Telephone: 212-477-5010

B. Policy

Individuals who properly respond to the Dixon notice and who meet the criteria in DI 12521.001B.1. below will have the opportunity to request review of their prior claim(s).

1. General Class Description

Subject to the exclusions described in DI 12521.001B.2. below, the Dixon class consists of all individuals:

  • whose claim(s) for title II and/or title XVI disability was finally denied or ceased by the New York Office of Disability Determinations (ODD) or SSA between June 1, 1976, and July 19, 1983, inclusive; and

  • whose denial or cessation was based on a finding that they did not have a severe impairment, or that their impairment(s) was only slight; and

  • who resided in the State of New York at the time their claim(s) for disability benefits was finally denied or ceased by the New York ODD or SSA.

2. Exclusions

The following claims are not subject to review.

  1. Determinations/decisions that were appealed and finally adjudicated in a subsequent administrative determination/decision after July 19, 1983.

  2. Determinations/decisions that were appealed and finally adjudicated in a subsequent administrative determination/decision on or before July 19, 1983, and that were not based upon a finding of a not severe impairment.

  3. Determinations/decisions in which the administrative determination/ decision was affirmed by a Federal court.

  4. Determinations/decisions in which the individual had a subsequent application(s) denied after July 19, 1983, and the subsequent application(s) covered the entire period at issue in the potential Dixon claim(s).

  5. Claims in which the denial or cessation was based on a non-medical factor (e.g., a denial based on substantial gainful activity (SGA)).

  6. Cessations for which replacement decisions (i.e., decision reviews) were made after July 19, 1983, which covered the entire period at issue in the potential Dixon claim(s).

3. Reopening

Persons who request and are entitled to readjudication will receive a reopening at the reconsideration level (see DI 12521.015.).

4. Presumptions

If the prior claim(s) is unavailable, SSA will:

  1. Allow the claim(s) if certain presumptions apply (see DI 12521.015B.5.a.); or

  2. Deny the claim(s) if certain other presumptions apply (see DI 12521.015B.5.c.); or

  3. Reconstruct the claim(s) and reopen if neither allowance nor denial presumptions apply (see DI 12521.025B.4.).


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0412521001
DI 12521.001 - Dixon, et al. v. Shalala Court Order - 06/26/2012
Batch run: 06/26/2012