The individual received any Class Membership Notice pursuant to either the prior Hyatt order dated June 25, 1985, or December 10, 1987, but failed to timely respond to
that Class Membership Notice. (Individuals who failed to file a response to these
notices may have their Hyatt III claims reviewed if they establish good cause for not responding sooner. Failure to
receive a notice may constitute good cause.)
NOTE: A claim will not be excluded as a Class Claim for failure to respond to a notice
pursuant to the Order dated June 25, 1985, if an individual establishes that he/she
responded to a notice issued pursuant to the Hyatt order dated March 27, 1984. Good cause notices to the “postcard” responders were
processed through CO.
Also, an AAJ denial of request for review, while not the “final” decision of the Commissioner,
must be considered as a decision if it would permit class membership, e.g., if the ALJ's
decision was before 7/7/1981 and the AAJ denied during the Hyatt III period, claimant is entitled to Hyatt III relief. An AAJ denial of request for review must not be considered a decision if it would preclude class membership, e.g., if the ALJ's
decision was before 8/6/1990 and the AAJ denied review on or after that date, claimant
is also entitled to Hyatt III relief.