TN 43 (11-94)
DI 12594.005 Identification, Notification, and Responses
Identification, notification, and responses will be processed as shown in the following instructions.
Central Office will identify by computer all potential class members.
By the time notices are released, Central Office will provide FOs in New York State with bilingual posters that must be displayed.
Central Office will notify potential class members by first-class mail.
Notices were released on May 17, 1993. Undeliverables will be re-sent later (see DI 12594.005A.7.).
The notices will advise potential class members that they must return an enclosed reply form within 120 days in order to obtain relief.
Some potential State of New York class members had already requested relief in another class action, and thus SSA treated them as having already requested State of New York relief and did not send them separate State of New York notices.
Responses will be sent to ODIO, where they will be annotated to a class action tracking system.
5. Late Responders
The PC will refer to the FO cases in which the individual responded to the notice later than 125 days from the date the notice was mailed. The FO, using the standard set out in GN 03101.020 A., will decide whether these individuals have good cause for their late response. If good cause exists, the reply will be deemed to have been received timely. The court order also provides that potential class members may demonstrate that they are responding within 120 days of their actual receipt of the notice.
NOTE: If the poster mentioned in DI 12594.005A.2. was not displayed in the FO until after the date on which the notice was mailed, the 125-day period begins with the date on which the poster was displayed.
6. Individual Contacts FO
Some individuals, who lose their reply forms or choose to reply to the FO instead of sending the reply form to ODIO or never receive a notice, will contact the FO about class membership. The FO will record this contact, give the individual written acknowledgment of the request, and forward the information to the Central Office State of New York Coordinator at the address shown in DI 12594.005B.1.a.
General - Undeliverable notices will be returned by the postal service to Central Office, where they will be annotated to a class action tracking system. Any undeliverables that are returned in error directly to the FO, without going to Central Office first, should be returned to the address in DI 12594.005B.4.e.
Central Office will remail undeliverable notices to the same address.
Central Office and a New York State social services agency will conduct a computer matching operation to try to obtain updated addresses for those whose notices remain undeliverable after remailing.
If this operation yields an updated address, Central Office will again remail the notice (i.e., the third mailing).
If the notice is again returned as undeliverable, or if no updated address was found in the matching operation, the FO will be asked to make further attempts (among them contacting the post office) to obtain a current address.
8. Case Call-Up
The class action tracking system will call up all cases of those who responded or contacted the FO to obtain relief. Their folders will be screened for class membership, and readjudicated by the DDS or ODAR.
Treat response and non-response cases as shown in the following situations:
If an individual who did not receive notice from Central Office contacts FO, record contact on SSA-5002. Use language similar to that on reply form. Be sure the SSA-5002 records date of contact. Also include claimant's name, address, telephone number, SSN, and the deceased number holder's name and SSN (if applicable). Verify the SSNs via numident, MBR (STALE), and/or SSR. Cover SSA-5002 with OF-41 annotated in remarks section “ State of New York walk-in.” Batch the SSA-5002s and send biweekly to:SSA, ODIO State of New York Coordinator
P.O. Box 17369
Baltimore, MD 21298-0050
Give a copy of the SSA-5002 to such individual as acknowledgment of request for relief under court order.
If both the MBR and the STALE show no record of a claim for the SSN, determine if the individual has any evidence (notice, etc.) of having had a claim within the State of New York period.
If he/she has such evidence submit it with the SSA-5002 taken under DI 12594.005B.1.a. to address shown there.
If not, have him/her complete an SSN Verification Notice (Exhibit 6, DI 12594.095) and send it and the SSA-5002 to the address shown in DI 12594.005B.1.a. If the individual takes the SSN Verification Notice home to complete it, give him/her a postage-paid, preaddressed envelope (to the address shown in DI 12594.005B.1.a.) to use in mailing the notice to the workgroup.
NOTE: Mail the list of walk-ins made as a result of IT-61-89, to the same address (see DI 12594.005B.1.a.) immediately upon receipt of these instructions. (Central Office will send acknowledgment letters to individuals who requested review between December 4, 1989, and February 1, 1994 inclusive.)
If a potential class member who received a notice responds by contacting FO instead of returning reply form to ODIO, record this fact, as well as name, SSN, and date of contact, on SSA-5002. Cover it with OF-41, annotated in remarks section “ State of New York - individual responded directly to FO.” Forward to address shown in DI 12594.005B.1.a.
3. Good Cause For Late Response
If Central Office requests development of good cause, ascertain whether any of the criteria in GN 03101.020A. are met.
Use SSA-5002 to make determination as to good cause. Refer to DI 12594.005A.5. for instructions regarding counting 125-day period. Use GN 03101.020A. as guide for good cause criteria.
Advise Central Office of good cause decision by telephoning State of New York Coordinator, (410) 965-1770.
Good cause established - Forward folder to component having jurisdiction of readjudication (DDS or ODAR). Release a copy (there should be two copies in file) of the screening sheet (see Exhibit 5, DI 12594.095) to the address shown in DI 12594.005B.1.a.
Good cause not established - Prepare and release notice shown in DI 12594.095, Exhibit 3. Discard one copy of the screening sheet after holding the folder(s) 90 days for a possible appeal (although there is no actual time limit). Annotate one copy of the screening sheet “Do Not Send Notice,” and retain it in the folder. Then forward folder to permanent folder location unless State of New York Coordinator (see DI 12594.005B.3.c.) indicates otherwise.
If FO is requested to develop a current address after Central Office efforts to locate individual (see DI 12594.005A.7.a. through c. ) have failed, try to obtain updated address from automated systems and any other available records, including any SSA-250 that may be in FO.
If these efforts are unsuccessful, contact postal service via SSA-L2001 for updated address.
If efforts in DI 12594.005B.3.a. and b. are unsuccessful, try to obtain updated address from any other source available, including local directories, local agencies with which FO has close relationship, and information in claims folder (wherever located) if folder would be likely to contain recent address information.
Remail notice via first-class mail whenever one of the efforts in DI 12594.005B.4.a. through c. yields updated address. When remailing notice, use same letter, delete previous date, and stamp current date.
Complete Undeliverables Checklist (see DI 12594.095, Exhibit 4), annotating all efforts to obtain an updated address. Send copy of checklist to State of New York Coordinator at the following address:Office of General Counsel
Correspondence Control Staff
Altmeyer Room 617
6401 Security Blvd.
Baltimore, MD 21235
Attn: Class Action Coordinator
Process change of address to most recent address shown on checklist, if letter is not returned after 30 days.