Last Update: 9/14/2005 (Transmittal I-1-56)

HA 01170.098 Exhibit - Text for Appeals Council Remand to DDS - Class Member Claim Pending Appeals Council Review - Appeals Council Would Take Unfavorable Action

Renumbered from HALLEX section I-1-7-98

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 (enter name of class action) class action and is entitled to have (his/her) claim reviewed 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).

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 review the class member claim in accordance with the terms of the (district court order or settlement agreement, or modify as appropriate) and issue a new determination that considers the issue of disability through the current date. 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.