I-1-7-96.Exhibit - Text for Appeals Council Remand to DDS - Class Member Claim(s) Associated with Current Claim on Which Appeals Council Would Take Unfavorable Action
Last Update: 9/14/05 (Transmittal I-1-56)
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 (name of class action) class action and is entitled to have the final administrative denial of (his/her) application(s) dated ___________ readjudicated 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). The Appeals Council has determined that the current and class member claim(s) have issues in common.
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 readjudicate the class member claim(s) in accordance with the terms of the (district court order or settlement agreement, or modify as appropriate). The (name of state, e.g., Tennessee) Disability Determination Service will issue one determination covering the class member claim(s) and the current claim. 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.