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
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),