The court order defines Clark class members as:

All persons nationwide for whom an initial determination to suspend or deny SSI and/or OASDI benefits was made and/or an initial determination of overpayment of such benefits was made and such initial determination was based solely on the existence of a warrant for an alleged violation of probation or parole, provided: (i) the initial determination was made during the period from October 24, 2006 to and including such time in the future when final relief is entered in this action; or (ii) a timely administrative appeal of such initial determination was pending on or after October 24, 2006.

We identified an individual as a class member if they are either a:

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  Title II beneficiary who had an open or satisfied FUGITIVE data event on the MBR (status of VIOLATION) with a matching PPV warrant in the Fugitive Felon SSA Control File (FFSCF) and suspension action on the warrant was taken on or after October 24, 2006; or

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  Title XVI recipient whose payments were suspended or denied (PSY N25) based on a PPV warrant in the FFSCF and action on the warrant was taken on or after October 24, 2006; or

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  beneficiary or recipient who had an initial determination of overpayment made October 24, 2006 or later, which was based solely on the existence of a PPV warrant; or

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  beneficiary or recipient who had a PPV suspension, denial or overpayment determination with an administrative appeal on this initial determination pending on or after October 24, 2006.

Beginning May 9, 2011, we stopped suspending or denying Title II benefits and Title XVI payments nationwide based solely on the following PPV warrant offense codes:

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  parole violation (offense code 5011),

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  probation violation (offense code 5012),

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  juvenile offenders – abscond while on parole (offense code 8101),

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  juvenile offenders – abscond while on probation (offense code 8102),

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  offense code 9999 with an offense charge symbol of probation or parole violation,

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  offense code “blank” with an offense charge symbol of probation or parole violation.

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  any other four-digit offense code (other than offense codes of 4901, 4902, or 4999) provided the offense charge symbol is “PROBATION/PAROLE VIOLATION.”

The court order requires that we reinstate Clark class members’ benefits and pay any previously withheld benefits back to the first month of suspension (Title II and Title XVI) or denial (Title XVI only). When determining retroactive relief for PPV nonpayment months, all other normal payment, nonpayment, and reduced payment rules apply.

After reinstating benefits or payments, we may select class members for Continuing Disability Reviews (CDR) according to normal scheduling practices.

After identifying the class members, we expect to post the following Central Office Messages (CO MSG) and a Special Message (SP MSG) on the MBR:

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  Clark Court Order – Case Selected for Clark Relief and Medicare Review

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  Clark Court Order – Case Selected for Clark Review

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  Clark Court Order – Automated Relief Processed

An automated systems operation resumed benefits to some beneficiaries in the 4th quarter of CY 2012. However, many class members required manual relief actions. Processing centers (PC) began manually processing relief in CY 2013.

If a recipient or beneficiary had two Clark Court Case Identifiers (CCID), we processed the actions on these concurrent cases independently under each Title in accordance with instructions in GN 02615.100D in this section. We processed Title II first before we initiated actions on the Title XVI part of the case.