TN 1 (11-00)

DI 12548.005 Identification and Notice

A. Policy

1. General

Central Office (CO) mails notices to potential class members identified by a computer systems run. (See DI 12548.095, Exhibit 1.) Potential class members must respond within 120 days of being notified by mail. In addition, a media campaign consisting of posters, newspaper, radio, and television announcements also advises potential class members of their right to have their claims reviewed.

2. FO Contact

Individuals notified by mail may reply by:

  • returning the Hyatt III reply form in the self-addressed, postage-prepaid envelope enclosed with the notice to:

    Office of Central Operations (OCO)
    Attn: Hyatt Coordinator
    P.O. Box 32909
    Baltimore, MD 21241-2909 or
  • contacting in person, in writing, or by telephone any FO.

If a claimant brings a Hyatt III reply form to a Field Office (FO), the FO should accept the reply form, place the date of receipt on the form, update response information to the Class Action Tracking System (CATS) (See MSOM CATS 010.001) and forward the reply form to OCO at the address shown above.

If the individual responds by contacting the FO but does not have the Hyatt III reply form, either because they lost the form mailed to them or were not mailed a notice, the FO will accept the request for review by completing the “Application for Class Membership” (DI 12548.095, Exhibit 4), place the date of receipt on the request, update CATS as noted in DI 12548.005A.2. second bullet, and forward the request to OCO at the address shown above.

FOs and ODAR offices must prominently display copies of the “Application for Class Membership” in their waiting area throughout the two-year period commencing with the initial mailing of the class notice.

3. Late Replies

Individuals who receive a notice must reply within 120 days of receiving the notice. The date an individual receives the notice will be deemed to be five days after the date of mailing, unless the individual shows that he/she did not receive the notice within the five day period.

Individuals who did not receive a notice must request review within the later of:

  • Two years from the date of the initial mailing of the Primary and Settlement Subclass Notices; or

  • 120 days after the second mailing of the Primary and Settlement Subclass Notices.

CO will screen for timeliness of reply. If a reply is not timely, CO will generate an alert to the FO to develop “good cause” for the late responder. Upon receipt of the alert from CO, the FO will send DI 12548.095, Exhibit 5, to the claimant. If the claimant responds to Exhibit 5, the FO makes a good cause determination in accordance with GN 03101.020. Good cause for the late request will be found if there is any indication of an alleged mental impairment even if no response to Exhibit 5 is received.

4. Acknowledgements

CO acknowledges requests for class review by mailing each responder

DI 12548.095, Exhibit 3.

B. Procedure

1. FO Contact

If an individual contacts the FO about Hyatt III, prepare an “Application for Class Membership,” DI 12548.095, Exhibit 4. (Do not use an SSA-795 or SSA-5002.) If the individual is unclear about whether they wish to apply for class review, treat the inquiry as a request for review. Do not try to dissuade anyone from requesting review.

Verify the claimant's SSN, claim number, and BIC/MFT via numident, MBR, SSR, etc. and annotate any current entitlement before forwarding the form to:

OCO
Attn: Hyatt Coordinator
P.O. Box 32909
Baltimore, MD 21241-2909

2. Late Replies

For late replies:

  1. Prepare and send Late Responder Notice (DI 12548.095, Exhibit 5) if requested to do so by CO.

  2. Make good cause decision and notify Litigation Staff of the decision by writing to the Hyatt Coordinator:

    Office of General Counsel
    Correspondence Control Staff
    Altmeyer Room 617
    6401 Security Blvd.
    Baltimore, MD 21235
    Attn: Class Action Coordinator
  3. Forward the folder to the DDS/ODAR for readjudication if good cause is established.

  4. Prepare and send “Good Cause Denial” no