TN 60 (08-96)

DI 32586.010 Processing Reopenings -- Stieberger

A. Process

1. Identification

Potential Stieberger class members were identified in central office (CO) by a computer systems run.

2. Notification

CO issued notices to potential class members beginning 3/08/93.

3. Responders

Persons who request reopening (responders) will be screened by SSA for eligibility. Only certain class members who properly request relief, or are deemed to have properly requested it, will be eligible for it. Each responder is provided a written “Acknowledgement” of his/her request for reopening.

4. FO package

The FO will receive a package for each eligible responder consisting of a green jacket containing the Stieberger Court Case Flag/Alert (see Exhibit 2, DI 32586.095) and systems data regarding:

  • claims activity (e.g., MBR, SSR/STALE),

  • folder locations (e.g., AR-25, BDIQ, ODIO Overnight),

  • and earnings (SEQY or similar extract).

The FO will attach to the green jacket a DIB jacket containing:

  • an SSA-831-U3 (Disability Determination Transmittal), in denial cases.

  • DEVELOPMENT PERIOD/PAYMENT PERIOD Worksheet (Exhibit 3, DI 32586.095).

  • SSA-3368-BK (Disability Report) or, in the case of cessations, an SSA-454-BK .

  • SSA-827s (Authorization to Release Medical Information to SSA).

  • Stieberger Supplement (Exhibit 5, DI 32586.095).

  • Medical or other evidence submitted by the class member.

  • SSA-1696-U4 Appointment of Representative (if any).

5. DDS jurisdiction

The New York DDS usually has jurisdiction for Stieberger reopenings. (See B.1. and 2., below, and DI 32586.020.). The New York DDS, rather than the DDS of current residence, is responsible for Stieberger processing (see DI 32502.001).

B. Types of cases

There are two types of Stieberger reopenings, Pipeline cases and non-Pipeline cases.

1. Pipeline cases

A Stieberger claim is a “pipeline” case if, as of the date of request for Stieberger review, either:

  • an administrative or judicial review had been requested on the Stieberger claim but no determination or decision had been issued on that request, or;

  • a request for such an administrative or judicial review would still have been timely if filed.

These cases will be processed by OHA. Favorable decisions will be processed under all normal claims processing rules. The special Stieberger rules in this transmittal do not apply.

2. Non-Pipeline cases

All other denials/cessations meeting the Stieberger reopening criteria in DI 32586.001 are non-pipeline cases. The NY DDS will usually process non-pipeline cases according to the screening and readjudication instructions in this transmittal.


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0432586010
DI 32586.010 - Processing Reopenings -- Stieberger - 02/21/2013
Batch run: 02/21/2013
Rev:02/21/2013