TN 43 (11-94)
An individual who has been denied class membership including ones who were denied
on the grounds that their requests were untimely and not excused for “good cause” may appeal this decision, either through State of New York class counsel or directly to the Office of the General Counsel (OGC). Whenever possible,
class membership disputes will be resolved between class counsel and OGC.
Appeals of this decision will be referred to the United States District Court for
the Southern District of New York for final decision.
Class members whose claims are readjudicated under the State of New York review criteria have full appeal rights.
Appeals of all cases readjudicated by the DDS will be processed by an ALJ.
EXCEPTION: Cases in which a current claim was pending at the initial level are combined with
the State of New York case at the initial level, per DI 12594.010 .3.a. Appeals of these cases are processed by the DDS at the reconsideration level.
Appeals of all cases readjudicated by an ALJ will be processed by the Appeals Council.
Respond to any inquiry regarding State of New York case. For inquiries regarding status of an individual's State of New York case, follow 2. below.
To reply to inquiries about the status of the State of New York Cases:
If folder is in FO, associate inquiry with folder and respond in writing.
If folder is not in FO:
Obtain a DDS-Q and, if the folder is in the DDS, get a status directly.
Otherwise, obtain status of case by sending an e:mail message to “¦¦N.Y. ARC POS DPB Policy at ~ S2D2.” The regional office coordinator will reply via e:mail or telephone.
NOTE: NY State FOs only, refer to e:mail message #POS 93-95 dated 7/30/93.
Based on information provided by State of New York Coordinator, prepare and release written notice giving status of inquirer's State of New York case.
Forward inquiry and copy of response to current folder location. If case has not yet
been alerted, send material to:
If individual decides to appeal directly to OGC, complete SSA-795, indicating basis
for appeal. Cover SSA-795, and any other documentation submitted, with OF-41, entering
in Remarks section “Appeal of decision denying State of New York class membership.” Forward to:
If individual decides to appeal through class counsel, forward SSA-5002 and any other
documentation submitted to: