TN 1 (11-00)
DI 12548.045 Priority Handling – Readjudication Claims
To the extent practicable, at each stage of merits adjudications, SSA shall accord priority to the cases entitled to relief under the October 21, 1999 order over other Hyatt III implementation.
A readjudication claim is a class claim of an individual determined to be a Primary Subclass member or Settlement Subclass member entitled to a reopening (see DI 12548.015). A readjudication claim is considered pending if judicial or administrative review at any level has been requested or would be timely as of May 21, 1994.
Readjudication claims pending on May 21, 1994 shall be processed on a priority basis in accordance with the following schedule. Pending claims for which an ALJ hearing has been requested but not yet scheduled and which were consolidated with readjudication claims and remanded to the DDS and any ALJ appeals from the decision upon remand shall receive first priority. Readjudication claims:
Remanded to the Agency from a Federal court shall receive second priority.
Pending at the Appeals Council receive third priority.
Pending at the administrative law judge level receive fourth priority.
Ensure that a “Priority Flag for Pending Hyatt Class Claims,” DI 12548.095, Exhibit 8, is attached to the front of all pending class claims. Remember that the flag must indicate the priority that the case must receive, i.e., 10/21/99 order, first, second, third, or fourth.