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SOCIAL SECURITY ADMINISTRATION
Office of Disability Adjudication and Review

HALLEX
Volume I

Transmittal No. I-5-4-71

Division 5: I-5-4-71

Subject: Padro et al. v. Colvin

Background

This temporary instruction (TI) provides procedures for processing cases under the settlement agreement approved on October 18, 2013 in the Padro et al. v. Colvin class action law suit.

Depending upon when a claimant received a decision from one of the 5 ALJs named in the lawsuit, he or she will be due either prospective or retrospective relief. This TI provides detailed procedures for providing both types of relief and ensuring that hearing offices and the Appeals Council process all cases affected by the settlement agreement correctly.

Explanation of Content and Changes

We have revised the Padro TI to clarify instructions related to processing requests for retrospective relief when the Padro claim is pending with the Appeals Council as a court remand. This change can be found in III.A.2.e. We have also clarified instructions related to processing requests for retrospective relief when the claimant has a subsequent non-Padro claim pending with the Appeals Council. This change can be found in III.A.2.h.

Additionally, we have specified the date the settlement was approved, revised class counsel's address, updated Attachment 3, and made minor editorial revisions throughout.

Date: May 20, 2014