TN 47 (08-96)
DI 42586.008 Screening For Entitlement to Reopening -- Stieberger
Screening of class members' claims for entitlement to reopening is done in ODIO, or an FO, per the following process:
CATS generates an alert along with a complete query package to the Class Action Section in ODIO.
The Class Action Section associates the alert/query package with the reply form and assembles a green Stieberger responder jacket.
The potential class member cases are separated into four categories: “Title Unknown”, Subsequent Allowance cases, Civil Action Pending cases and “All Others.”
The Class Action Section screens “Title Unknown” and Subsequent Allowance cases. Class member cases entitled to reopening are forwarded to the FO in the green responder jacket. In Subsequent Allowance cases that cannot be screened-out on the basis of the alert/query data, the claims folder will be obtained and attached to the green responder jacket.
If the CATS alert contains a civil action indicator, the Class Action Section follows the pertinent screening sheet instructions (see Exhibit 4, DI 42586.095).
The Class Action Section forwards “All Other” alerts to the FO together with the green responder jacket for screening. No claims folder will be attached.
FOs review the information in the alert/query package to screen for class membership and eligibility for reopening.
The component that screens a case out completes the Stieberger Screening Sheet (DI 42586.095, Exhibit 4) and releases the screen-out notice (Non-entitlement to Reopening Notice, DI 42586.095, Exhibit 5). In FO screen-outs, FOs send a copy of the Screening Sheet to the Class Action Section.
ODIO's Class Action Section updates CATS with screening information.
B. Process -- Disagreements
Responder Disagrees With Decision Denying Right To Review (Screen-outs)
|1||If individual disagrees with this determination he/she must notify the Office of General Counsel in writing within 60 days of receiving the determination. Written disagreements should be sent to OGC.|
|2||SSA FOs will accept written disagreements on these determinations, date stamp them immediately, and forward them to the OGC at Room 611, Altmeyer Building, 6401 Security Boulevard,Baltimore, Maryland 21235-6401.|
|3||The claimant's failure to notify OGC or an FO within 60 days of receipt makes the determination final unless good cause for late notification is shown.|
|4||The responder or any representative may request to inspect the administrative record on which the determination was based and, as needed, the claims file.|
|5||SSA will notify the individual once the record/file is available for inspection. The individual will have 45 days from the notification of record availability to inspect the record/file at a mutually agreeable location.|
|6||OGC will notify class counsel of all such disputes. Class counsel may also inspect records/files.|
|7||OGC will attempt to resolve all such disputes through negotiation.|
|8||If the parties cannot resolve the dispute, OGC will send the responder, any representative, and class counsel, a notice confirming that the dispute cannot be resolved.|
|9||The notice will indicate that the responder has 60 days from receipt of the confirmation notice to request district court review.|
|10||Either the responder or class counsel may request district court review.|
|11||Failure to request district court review within 60 days of receiving the OGC confirmation notice will render SSA's determination final and not subject to further review.|
ODIO (or the FO, where appropriate) screens cases for entitlement to Stieberger relief, as follows:
Review the FACT, SSIRD, and OHAQ queries to determine if the individual is a Stieberger class member entitled to reopening.
CAUTION: Only screen case out if queries clearly indicate that individual is not entitled to reopening on any claim.
2. Screening sheet
Refer to DI 42586.095, Exhibit 4, for the screening sheet and instructions on its completion.
If individual is screened out, send notice (see DI 42586.095, Exhibit 5.) to the responder and any representative.
4. Responder jacket
After 180 days (from the date of notice of screen-out), destroy the Stieberger responder jacket and queries (route any other material according to normal procedures), unless the responder or OGC requests it.
5. Completed folders
Please do not forward completed folders to The Class Action Section (CAS) located in Baltimore, Maryland. Upon completion of a case, the folder should be forwarded to the appropriate storage facility (PSC, WBDOC, ODO). CAS does not house completed folders.