TN 1 (11-00)

DI 32548.055 Notice Instructions - Revision of Denial to Fully Favorable Allowance

A. Policy

1. Primary and settlement subclass claims

In Primary and Settlement Subclass claims the claimant, his/her representative, if any, and class counsel must be notified of any determination which is fully favorable.

Class counsel"s copy of the notice is sent to:

North Carolina Justice and Community Development Center

P. O. Box 28068

224 South Dawson St.

Raleigh, North Carolina 27611-8068

Telephone: 1 (800) 299-8619

2. Title II

OCO or the PSC prepares and releases the title II notice.

3. Title XVI

The FO prepares and releases the title XVI notice.

B. Procedure

1. Title II only cases

In title II only cases:

  1. Indicate SSA-L2000-C2 as the notice on the SSA-865 and include the following paragraph:

    “This determination is based on a review of your claim as ordered by the court in the case of Hyatt v. Shalala. We have determined that your condition is disabling.”

  2. The optional paragraph in DI 32548.045B.1.b. if the earliest claim within the Hyatt III period is not a Hyatt III eligible claim(s)

  3. Enter “S” in item 29 of the SSA-83l-U3.

2. Title XVI only cases

In title XVI only cases, indicate DO/DL-S in item 29 of the SSA-83l-U3. Show SSA-L8052-U2 as the notice on the SSA-865 and include:

  1. Lead-in sentence

    “This determination is based on a review of your claim as ordered by the court in the case of Hyatt v. Shalala.”

  2. The optional paragraph in DI 32548.045B.1.b. if the earliest claim within the Hyatt III period is not a Hyatt III eligible claim(s)

  3. Paragraph 1029

  4. Paragraph 1414, 1415, 1424 or 1425, as appropriate.

  5. Paragraph 1150 or 1151, if appropriate.

3. Concurrent cases

For concurrent cases follow DI 32548.055B.1. and DI 32548.055B.2. for each claim.

4. Consolidated claims

For consolidated claims (i.e., a Hyatt III and a pending claim), add after the lead-in shown in DI 32548.055B.1.a. and/or DI 32548.055B.2.a., “This notice includes our decision on both the Hyatt III case review and the new application filed on  (date of new application) .”


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0432548055<