TN 47 (08-96)
DI 42586.005 Identification and Notice -- Stieberger
On 3/08/93 and on several subsequent dates, SSA mailed notices to the potential class members identified by a computer systems run. All individuals who request reopening under the Stieberger settlement agreement, including individuals who request reopening by contacting an FO or OHA office directly, regardless of whether or not they received a notice, i.e., “walk-ins,” are “responders” and are to be provided with a written acknowledgement (DI 42586.095, Exhibit 3) of their request for reopening.
NOTE: Any response to the class notice which is ambiguous or unclear is to be construed as a request for reopening.
Systems-generated potential class membership notices (DI 42586.095 Exhibit 1) were mailed on 03/08/93 (and several subsequent dates) by first class mail, along with the court case reply form (DI 42586.095 Exhibit 2), and postage-prepaid envelope.
Notified individuals were instructed to return the response form to the Office of Disability and International Operations (ODIO) within 180 days of receiving the notice. Presumed receipt is 5 days after the date of the notice, unless evidence of a later receipt is shown.
Individuals may respond by:
returning the court case reply form in the self-addressed, postage-paid envelope to the Social Security Administration (SSA), ODIO;
contacting any SSA field office or hearing office in New York State, in person, in writing or by telephone; or
contacting the AC in writing or by telephone.
4. Timeliness of response
CO screens for timeliness of response to the systems generated notice (see DI 12586.005B.3.). Any response to the class notice which is ambiguous or unclear should be construed as a request for reopening under the settlement agreement.
Alerts will be generated for timely responses.
Alerts requesting “good cause” development will be generated for untimely responses.
5. Undeliverable notices
Undeliverable notices will be returned to ODIO. CO will update the Civil Action Tracking System (CATS) with information about undeliverable notices.
SSA will obtain current addresses for undeliverables from the New York State Department of Social Services.
New notices will be mailed to each potential class member for whom an updated address is received.
6. Walk-In responders
If an individual contacts a FO or OHA about Stieberger that office assists the person in forwarding the reply form. If the person does not have that form, the FO/OHA prepares a replacement and mails it to ODIO's Stieberger Coordinator.