TN 55 (08-96)
DI 12586.025 Special Rules for Later Claims -- Stieberger
Follow the procedures below when there is a current disability claim pending at the time the alert/query package is received for Stieberger review, or when there are subsequent disability claims that may affect Stieberger processing.
B. Procedure -- Current Claim Pending
If the class member has an active disability claim pending, at any administrative level, at the time of the FO interview, SSA may, unless the class member objects, consolidate the Stieberger reopening with the active claim (see DI 12502.001ff):
in OHA if the active claim is pending in OHA; or
at the reconsideration level, if the active disability claim is pending at the initial or reconsideration level.
Inform any claimant who objects to consolidation that processing of the Stieberger claim will resume after the final adjudication of the pending claim, and obtain a signed statement documenting his/her objection.
NOTE: Cases pending after being remanded from court are considered to be active pending claims (see C.).
A claimant may request Stieberger reopening in conjunction with action on a current claim. However, do not initiate the Stieberger reopening unless the claim has been alerted for review by CO. Request a CATS query from the Disability Programs Branch in the Regional Office to ascertain whether an alert has been generated.
If the claim has not been alerted for review by CO, inform the claimant and/ or any representative, that any Stieberger reopening will probably be processed separately from the current claim.
C. Policy Civil Action Pending
Responders who had civil actions pending in, or on appeal from, one of the four Federal district courts in New York State when Stieberger was settled were notified that they have the option of either proceeding with their litigation or reopening under the class settlement.
Those proceeding with litigation waived any right to Stieberger reopening of that claim, but retained the right to reopening on other claims. Contact the OGC Docket Section in the New York Regional Office (phone 212-264-2185) to determine whether the right to Stieberger reopening on a given claim has been waived.
If the right to Stieberger reopening has not been waived, annotate the green jacket with “Civil Action Review - No Waiver” and continue with the regular screening process.
D. Procedure -- Subsequent Disability Allowance
ODIO will obtain the claims folder and forward it with the Stieberger package. Depending on the period covered by the subsequent allowance, take the actions below. NOTE: See DI 12586.045 (title II) and DI 12586.050 (title XVI) for special rules about the Stieberger onset date.
If a subsequent disability allowance at any level established an onset which coincides with or is earlier than the Stieberger onset; and
Claimant has received all disability benefits available under the settlement (the case is a screen-out). Complete the Stieberger screening sheet and release the appropriate notice (see DI 12586.010).
If additional payment is possible based on the Stieberger claim, prepare an SSA-831-U3/833-U3 determination (see DI 12586.055) annotated with “Stieberger reopening. This adopts the SSA-831 (or prior decision) dated .” Develop non-medical factors of entitlement per DI 12586.060 &DI 12586.065.
If a subsequent disability allowance at any level established onset later than Stieberger onset/date of cessation, complete the Stieberger interview, and forward the material with medical sources and authorizations covering the medical DEVELOPMENT PERIOD to the DDS.