SSA will usually reopen Stieberger claims at the reconsideration level (see 2., below). Claims reopened at the reconsideration level will have appeal rights to the Administrative Law Judge (ALJ) level. If the Stieberger claim was a cessation, the DDS will offer the claimant the opportunity to have a face-to-face hearing if an SSA-833 would be appropriate per 6., below.

If the class member has an active disability claim pending, at any administrative level, at the time of the FO interview, SSA may, unless the class member objects, consolidate the Stieberger reopening with the active claim (see DI 12502.001):

• •

  in OHA if the active claim is pending in OHA; or

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  at the reconsideration level, if the active disability claim is pending at the initial or reconsideration level.

Any claimant who objects to consolidation is informed that processing of the Stieberger claim will resume after the pending claim is finally adjudicated. If the claimant does object to consolidation, a signed statement to that effect is obtained.

The following criteria apply to cases where a civil action is pending:

1. a. 

   Responders who had civil actions pending in, or on appeal from, one of the four Federal district courts in New York State at the time of the settlement were notified that they have the option of proceeding with either their litigation or reopening under the class settlement.

2. b. 

   Those proceeding with litigation waived any right to Stieberger reopening of the subject claim.

3. c. 

   Those waiving the right to Stieberger reopening on one claim retain the right to reopening on other claims.

Full Stieberger development may not be necessary where one or more subsequent claims were filed.

If the DDS finds a closed period of disability that ends prior to 12/1/91, the PAYMENT PERIOD will consist of the months of actual disability (up to 48) immediately prior to 12/91. In the event of multiple closed periods, the PAYMENT PERIOD will be adjusted, if necessary, to fit within the closed period(s).

The PAYMENT PERIOD will not exceed the number of months the individual was disabled prior to 12/1/91, less any necessary title II waiting period, up to a maximum of 48 months.

In addition to the normal factors that cause a closed period, in Stieberger , there also is the effect of non-New York denials. If a claimant was denied disability while residing in another state, the period covered by that denial is not reopened under Stieberger .

Readjudicating Stieberger cessations (see DI 32586.070C.) requires the following special handling because of the limitations on development and payment (see DI 32586.001):

1. a. 

   The DEVELOPMENT PERIOD (DI 32586.035) generally is adjudicated without the prior file using initial disability standards. However, if it extends back to the date of cessation in the Stieberger claim, special processing is needed (use of the medical improvement standard - MIRS, getting the prior folder, and deciding whether to use an SSA-831 or SSA-833).

2. b. 

   If all or part of the DEVELOPMENT PERIOD cannot be allowed, the claimant is deemed to meet 10(e)(5) criteria (DI 32586.035C.2.), and the case is adjudicated back to the date of cessation using the prior folder, developing back to the comparison point, and applying the MIRS standard (see DI 28010.105).

3. c. 

   If the case is adjudicated back to the date of cessation and claimant is found to have a continuing disability, either a continuance or a new allowance determination is prepared, depending on whether the start of the PAYMENT PERIOD is during the termination month in the Stieberger claim or is later.

4. d. 

   If a claim is not continued or allowed based on MIRS, the possibility of a later allowance sometime during the reopened period is considered.

Whether the DDS uses the MIRS will depend on whether the DDS is required to adjudicate all the way back to the month of cessation.

Whether an SSA-831 or an SSA-833 (which means having offered a face-to-face hearing) is prepared depends on whether the determination is based on MIRS, and also on whether the 48-month limit on payments prior to 12/1/91 (DI 32586.001, item 8.) prevents resumption of benefits in the month benefits were terminated by the Stieberger cessation.