TN 49 (08-95)
DI 12521.020 Requests to Review Non-Class Membership Determinations
An individual who has been denied class membership will be notified by the screening component in writing of the reason for the non-class membership and the right to seek review of the determination (see DI 12521.095, Exhibit 7).
The notice informs the individual that he/she has 90 days from the date of receipt of the notice of non-class membership to seek review of the determination by contacting SSA in writing. The notice also explains that the individual may contact class counsel for assistance in resolving disputes concerning class membership.
A copy of each request for review of the class membership determination will be sent by SSA to class counsel promptly after it is received by SSA.
Class counsel then has 60 days from the date SSA forwards the individual's request for review to request inspection of the administrative record upon which the determination is based.
If class counsel wishes to inspect the administrative record upon which a class membership determination is based, SSA will notify class counsel of the availability of the claim file(s) or other available administrative records. Class counsel has 90 days from the date they are notified to inspect the file or other records. This time period may be extended upon consent. The records can be inspected at: Social Security Administration
Disability Programs Branch
26 Federal Plaza, Room 40-112
New York, N.Y. 10278
If at the end of the period for inspecting the files, class counsel has not reviewed the requested file, it will be assumed that review of the file is not desired.
Class counsel must attempt to resolve disputes concerning an individual's class membership by negotiating with counsel for SSA at OGC, Social Security Division, Baltimore, Maryland. OGC will attempt to resolve all such disputes with class counsel within 90 days.
If after negotiation, SSA still finds that an individual is not a class member, SSA will send class counsel and the individual a written confirmation of SSA's determination.
Class counsel or the individual may then submit the matter to the United States District Court for the Southern District of New York for resolution, within 60 days of receipt of the confirmation notice. If no such action is initiated within 60 days, the class membership determination becomes final and not subject to further review.
If a review of the class membership determination indicates that the individual is a class member, ODIO and/or NEPSC will send the “Notice of Revised Decision Regarding Individual's Class Membership” (See DI 42521.095, Exhibit 9) to the individual, class counsel, and the individual's current representative(s), if applicable.
If a request for review of the class membership determination is received in the FO, date stamp the request and forward to the:Office of the General Counsel
Social Security Division
600 Altmeyer Building
6401 Security Boulevard
Baltimore, MD 21235-6401