For individuals who are not Barney class members or who are class members but are not entitled to a case review, follow
this notice procedure.
Use an SSI Important Information (SSA-L8165-U2) notice to explain the settlement agreement,
the requirements for class membership, and the requirements for a case review.
Also explain that the individual is not a class member entitled to a case review because
they did not meet one of the requirements, and specify which one:
did not reside in the State of Washington anytime between March 31, 1987, and January
did not receive income between March 31, 1987, and January 1, 1994 from interests
in trust or restricted Indian lands
was not overpaid SSI as a result of that income
had no portion of such an overpayment outstanding between October 1, 1993 and December
31, 1993, and was not assessed an overpayment since December 31, 1993, as a result of income received
between March 31, 1987 and January 1, 1994, from interests in trust or restricted
Explain in the notice that if the individual thinks SSA is wrong, the individual may
contact the attorneys for the Barney class who will answer questions about class membership. In the notice, provide the
attorneys' name, address, and phone numbers:
Evergreen Legal Services
510 Larson Building
6 South Second Street
Yakima, Washington 98901
(509) 575-5593 or
Also explain that the attorneys will contact SSA if they think SSA was wrong about
whether the individual is entitled to a case review.
NOTE TO ADJUDICATORS: No appeal rights attach to SSA's finding that the individual is not a class member
entitled to a case review. However, if you are contacted by an attorney who believes
we made a mistake, contact the Seattle RO at (206) 615-2128.