If the HO receives an alert without a claim file, HO personnel
will determine whether the alerted case is located in the HO. The
case that was alerted may have proceeded on appeal to OHA, or may
be attached to a subsequent (current) claim that proceeded on appeal
to OHA. If the alerted case is attached to a claim pending a hearing,
HO personnel will proceed in accordance with HA 01170.013 C.1.
If the alerted case is the case on appeal, consolidation is
not an issue. HO personnel will screen for eligibility for class
relief and send appropriate notice to class members not eligible for
relief. If the claimant is a class member entitled to relief and
a hearing has not been scheduled or held, the ALJ will, subject
to the exceptions and guidance for excepted cases in HA 01170.013 C.1.b. and HA 01170.013 C.1.d.,
dismiss the request for hearing and forward the case to the DDS
for readjudication or reopening, if warranted.
If a hearing has been scheduled or held, the ALJ will continue
with normal processing. If the ALJ issues a fully favorable decision,
the ALJ will notify the claimant, and the representative, if any,
that the decision resolves the class claim. The ALJ will also notify
the OHA Class Action Coordinator of the disposition of the class
claim by forwarding a copy of the decision to the address shown
in HA 01170.011 A.. If the ALJ issues other than a fully favorable decision, or
dismisses the request for hearing, HO personnel will flag the class
claim (see HA 01170.094 Exhibit)
for forwarding to the DDS on completion of all OHA actions and expiration
of any appeal period. The DDS may take any further action warranted
to effect class relief.
If the HO does not have the alerted case, HO personnel will
forward the alert to the OHA Class Action Coordinator at the address
in HA 01170.011 A., along with information about the status of the subsequent
(current) claim, for further handling. The HO will continue to process
the subsequent (current) claim, and will consider consolidation
if the alerted case is later received in the HO while the subsequent
(current) claim is still pending.
If the HO no longer has a pending claim when the alert is
received, HO personnel will forward the alert to the OHA Class Action
Coordinator for further handling.