TN 1 (11-00)
DI 42548.015 Appeal Process
The next level of appeal on Hyatt class claims adjudicated by the DDS is to the ALJ hearing level. Hyatt III Primary Subclass claims decided by the ALJ are appealed to the AAJ. Pending cases returned to the DDS from OHA for consolidation with readjudication claims are entitled automatically to a hearing before an ALJ if the DDS determination is fully or partially unfavorable.
In cases where there is consolidation of a non-Hyatt III claim pending at the DDS with multiple Hyatt claims (i.e., an individual filed several applications within the Hyatt III timeframe), the class member is automatically entitled to an ALJ hearing if the non-Hyatt claim remanded for consolidation was at the ALJ hearing level and the DDS Hyatt reopening determination is fully or partially unfavorable.