Last Update: 9/14/2005 (Transmittal I-1-56)
HA 01170.096 Exhibit - Text
for Appeals Council Remand to DDS - Class Member Claim(s) Associated
with Current Claim on Which Appeals Council Would Take Unfavorable
Action
Renumbered from HALLEX section I-1-7-96
On ___________, the claimant filed a request for review by
the Appeals Council on the issues raised by ((his/her) application dated ___________.) OR (the Administrative Law Judge's dismissal
action.) The claimant has also been identified as a member of the
(name of class action) class
action and is entitled to have the final administrative denial of
(his/her) application(s)
dated ___________ readjudicated by the (name
of state, e.g., Tennessee) Disability Determination Service
under the terms of the (enter date)
(order of the U.S. District Court for the
District of ___________ OR stipulation
and order for settlement approved by the U.S. District Court for
the District of ___________ OR other
entry as appropriate). The Appeals Council has determined
that the current and class member claim(s) have issues in common.
Accordingly, the Appeals Council grants the claimant's request
for review, vacates the Administrative Law Judge's (decision/dismissal action) and
remands this case to the (name of state,
e.g., Tennessee) Disability Determination Service. The
(name of state, e.g., Tennessee)
Disability Determination Service will readjudicate the class member
claim(s) in accordance with the terms of the (district court order or settlement agreement,
or modify as appropriate). The (name
of state, e.g., Tennessee) Disability Determination Service
will issue one determination covering the class member claim(s)
and the current claim. If the (name
of state, e.g., Tennessee) Disability Determination Service
does not issue a fully favorable determination, it will notify the
claimant of the right to request a hearing before an Administrative
Law Judge.