TN 49 (08-95)
DI 12521.005 Identification and Notice
The Litigation Staff (LS) will mail notices (see DI 12521.095, Exhibit 1) to potential class members identified by a computer systems run. Potential class members must request review within 90 days from the date of the receipt of the notice.
In addition, SSA will provide field offices (FOs), hearing offices and disability determination services (DDSs) in New York State with English and Spanish posters (no smaller than 17" x 22") that will be displayed for the 6-month period beginning within 7 days of the date of the initial mailing of the individual notices. SSA will also make reasonable efforts to distribute posters to welfare centers, food stamp offices and Medicaid offices in New York State.
2. Requesting Review
Individuals who receive a potential class member notice must reply within 90 days of receiving the notice.
NOTE: SSA presumes receipt of the notice within 5 days after the date of the notice. If receipt was actually later, the 90-day time limit runs from that later date.
Individuals who did not receive a notice must request review within 3 years of the 70th day after issuance of the court mandate. The last day to request review is August 18, 1998.
Individuals may request review by:
returning the Dixon reply form (see DI 12521.095, Exhibit 2) in the preaddressed, postage-paid envelope to the Office of Disability and International Operations (ODIO); or
contacting SSA in person, in writing or by phone. (See DI 12521.005B.1.).
LS will acknowledge requests for class review by mailing an acknowledgment notice (see DI 12521.095, Exhibit 3) to the individual requesting review.
4. Undeliverable Notices
Undeliverable potential class member notices will be processed as follows.
Undeliverable notices will be returned to ODIO (see DI 12521.005B.3.).
ODIO will scan the undeliverable notices to record and update them on CATS.
LS will use its best efforts to conduct computer matches with any compatible New York State Department of Social Services or New York City Human Resources Administration data system or any other New York State or municipal human services agency data system for the purposes of obtaining the most recent addresses for potential class members whose notices are returned as undeliverable.
After the computer matches are completed, LS will provide class counsel with a list of potential class members whose notices were returned as undeliverable, and for whom no updated addresses were obtained. Class counsel has 90 days after receipt of such names to furnish LS with current addresses for such individuals.
LS will remail the potential class member notice to those individuals for whom updated addresses are obtained.
1. Claimant Contacts SSA
If a claimant contacts SSA, by calling the PSC, ODIO, TSC, or FO, treat as a request for review, and:
Complete a “Request for Court Case Review/Change of Address Worksheet” (See DI 12521.095, Exhibits 9-10 for sample and instructions for completion).
Walk the individual through the form and obtain as much of the information as possible from the caller, see DI 12521.005B.1.c.
Forward all completed “Request for Court Case Review/Change of Address Worksheet” forms to ODIO at the address shown in DI 12521.005B.1.c.
If a claimant contacts the servicing FO in person, follow the guidelines below.
If the claimant has the reply form, instruct him/her to return the reply form to ODIO in the preaddressed, postage-paid envelope.
If the individual insists, accept the reply form for him/her, date stamp the form and provide the individual with a copy. Return the form to ODIO in the preaddressed, postage-paid envelope for the individual.
Advise the claimant to keep a record of the date of response. Provide any assistance needed in aiding the individual to complete the reply form.
NOTE: Nothing should be attached to the reply form. Claimants should hold any potentially important documents (medical evidence, attorney representation forms, etc.) until their case is called up for review. If they insist on attaching information, photocopy the information and forward it along with the reply form, returning the originals to the individual.
If the potential class member notice was lost or the claimant never received a notice:
Prepare a “Request for Court Case Review/Change of Address Worksheet” (See DI 12521.095, Exhibits 9-10 for sample and instructions for completion).
Complete all of the claims information only if the individual is requesting review. Do not complete the claims information when only reporting a change of address.
NOTE: This information is required to establish a
“walk-in” record on the Civil Action Tracking System (CATS).
Include the remark “Request for Dixon Review.”
Verify the claimant's SSN via numident, MBR, and/or SSR before mailing.
Verify if the claimant is entitled to any other title II or title XVI benefits.
Send the information to: SSA, ODIO
Class Action Section (CAS)
ATTN: Dixon Coordinator
P.O. Box 17369
Baltimore, MD 21298-0050
2. Late Replies
An alert is generated in CO when an individual files an untimely request for Dixon review. When a late responder alert is received:
Develop “good cause” for late filing using the criteria in GN 03101.020 .
Make a “good cause” determination. Deem individuals with mental impairments (present or alleged) to have “good cause” per GN 03101.020.
If “good cause” is established, forward the folder/alert/query package and “good cause” determination to ODIO.
If “good cause” is not established:
Prepare and release a Good Cause Denial Notice to the claimant (see DI 12521.095, Exhibit 4).
Send a copy of the notice to the class counsel, any current representative(s), and to ODIO at the address shown in DI 12521.005B.1.c.
NOTE: Copies of notices will only be sent to current representative(s) appointed in the Dixon class action. An individual will be considered currently represented if the reply form was completed by the representative and there is a Form SSA-1696-U4 (Appointment of Representative) or an equivalent statement of appointment in file. An individual will not be considered represented simply because he/she was represented during the course of a prior claim.
Hold the folder for 95 days.
After 95 days, file the “good cause” determination and a copy of the notice in the folder and return the folder to files. Destroy the CATS alert and associated queries.
Make the appropriate systems input to show any folder movement.
3. Undeliverable Notices
If an undeliverable potential class member notice is returned to the FO, forward the undeliverable notice to ODIO at the address in DI 12521.005B.1.c. No other action is necessary.
4. Completed Folders
Please do not forward completed folders to the Class Action Section (CAS) located in Baltimore, Maryland. Upon completion of a case, the folder should be forwarded to the appropriate storage facility (PSC, WBDOC, ODO). CAS does not house completed folders.