TN 2 (04-99)

A. Introduction

The policy for identifying and notifying potential Goodnight class members and handling responses is explained below.

B. Policy

1. Identification

SSA will, by means of its data processing systems, identify the names, social security numbers (SSNs), and last known addresses of potentially eligible Goodnight class members.

2. Notification

SSA will inform potentially eligible class members of his/her right to request a redetermination of his/her class claim(s) under the terms of the Goodnight settlement agreement as follows:

1. Individual Notices

   Individual potential class member notices (see DI 52510.095, Exhibit 1) will be sent by first-class mail to the last known address of all potentially eligible class members identified by SSA's data processing systems.

2. Poster Notice

   Posters will be prepared and publicly displayed in all SSA field offices (FOs) in Utah and shall remain for a period of 180 days from posting.

3. Requests for review

Individuals can request a review of his/her class claim(s) as follows:

1. Individuals must reply within 90 days of receiving the potential class member notice or not later than 90 days after the poster display period has ended. Individuals who receive a mailed notice will not be eligible to have the time period extended within which they must respond to the mailed notice by responding to the poster notice.

   NOTE: SSA presumes receipt of the notice within 5 days after the date of the notice unless the notice is returned as undeliverable or there is other evidence that the notice was not actually received. If receipt was actually later, the 90-day time limit runs from that later date.

   If the potential class member does not respond within 90 days, his/her class claim(s) will not be reviewed unless the individual provides SSA evidence of “good cause” for an untimely response. See DI 52510.010B.

2. Individuals who receive a mailed notice can request review by:

   • returning the Goodnight reply form (see DI 52510.095, Exhibit 2) in the preaddressed, postage-paid envelope to:

     The Office of Central Operations (OCO)
     Class Action Section
     Attention: Goodnight Coordinator
     P.O. Box 17369
     Baltimore, MD 21298-0050; or

   • contacting any social security office in person, in writing or by telephone. See DI 52510.010A. for FO procedures on handling requests for review.

3. Individuals who respond based on the poster display can request review by contacting any social security office in person, in writing or by telephone. See DI 52510.010A. for FO procedures on handling requests for review.

4. OCO (formerly known as The Office of Disability and International Operations) will enter returned requests for review, including change of address information, into the Civil Action Tracking System (CATS). CATS will generate court case folder alerts (see DI 52510.095, Exhibit 3) to OCO. The alerts will be used to locate and retrieve the Goodnight claims. See DI 52510.015C.

4. Undeliverable notices

1. Undeliverable potential class member notices will be returned to OCO to update CATS. The Litigation Staff (LS) will attempt to obtain updated addresses by providing the Utah DDS with a computer tape of those potentially eligible class members whose notices were returned as undeliverable. The Utah DDS will then attempt to provide LS with a computer tape of updated addresses.

2. Within 60 days of receiving the updated addresses from the Utah DDS, LS will make a good faith effort to resend the notice by first-class mail. If the second notice is returned as undeliverable, LS will then provide the Utah DDS with a computer tape of those second mailed notices that were returned as undeliverable.

3. Within 120 days of receiving the computer tape of undeliverable second notices from the Utah DDS, plaintiffs' representative may attempt to give notice to those potentially eligible class members whose second mailed notice was returned as undeliverable.

   NOTE:The 90-day response requirement following the receipt, actual or presumptive, also applies to second mailed notices and any notice plaintiffs' representative may send.

5. Folder retrieval

1. OCO will associate the alert/query package with the reply form and will forward it to the appropriate component for folder retrieval (i.e., SSANRC, FOs, program service centers (PSCs), etc.). The alert/query package consists of a CATS alert cover sheet, SSIRD, AR-25, MBR FACT, OHAQ, DDSQ, DDBQ, and SEQY. PCACS query can be obtained on NS Elite for the most current folder location. See DI 52510.015B. for procedures on the alerts.

2. OCO will be responsible for retrieving OCO jurisdiction title II only and concurrent title II/XVI claims covered by the Goodnight timeframes.

   The PSCs will be responsible for retrieving PSC jurisdiction title II only and concurrent title II/XVI claims covered by the Goodnight timeframes.

   NOTE: In concurrent title II/title XVI cases, the PSCs and OCO will not request the title XVI folder if the title II folder contains the medical evidence.

   OCO and the PSCs will send any title II only and concurrent title II/ XVI claims that are retrieved to the:

   • Utah DDS
     P.O. Box 144032
     Salt Lake City, UT 84114-4032

   If OCO or the PSCs cannot locate the claim(s) within 120 days of the alert date, they will initiate folder reconstruction. See DI 52510.015C5. for OCO/PSC procedures on lost folders.

3. The SSANRC and the FOs will be responsible for retrieving title XVI claims. The SSANRC and the FOs will send title XVI claims that are retrieved to the Utah DDS for class member eligibility screening. See DI 52510.010D. for FO procedures on folder retrieval.

   If the FO cannot locate a title XVI claim, the FO will initiate reconstruction. If SSANRC is unable to locate a title XVI claim that has been recorded into the SSANRC, the SSANRC will annotate the alert to indicate the reason why it cannot be located and will forward the alert/query package to the FO indicated by the district office code on the alert/flag. The FO will attempt to locate the folder(s) and if unsuccessful, will reconstruct the Goodnight claim(s) and will forward it to the Utah DDS. See DI 52510.010E. for FO procedures on lost folders.

   NOTE: The FOs, OCO and the PSCs will document all efforts to locate and retrieve Goodnight folder(s) on a Court Case Folder Retrieval Worksheet (see DI 52510.095, Exhibit 4).

6. Screening

Screening will be as follows:

• Central Office (CO) will screen for the timeliness of the request for review under the Goodnight settlement agreement. If CO determines that the reply is not timely, the FO will develop the evidence for “good cause” for late filing. See DI 52510.010B. for FO procedures on developing good cause.

• The Utah DDS will screen for class member eligibility for relief. If the Utah DDS determines that an individual is not a class member entitled to relief under the Goodnight settlement agreement, the DDS will send a notice of non-entitlement to relief (see DI 52510.095, Exhibit 5) to the claimant, any representative, and a copy to class counsel.

  NOTE: Entitlement to relief will be presumed in reconstructed Goodnight cases if the queries indicate a medical denial on or after 01/01/91, through 02/20/94.

  The Utah DDS will hold the folder(s) for 60 days. After 60 days, if the entitlement to relief determination has not been disputed by class counsel, the Utah DDS will return the folders to the FO to take action to have the folders returned to the appropriate component for filing. See DI 52510.020B. for DDS screening procedures.