I-5-4-27.Ward, et al., v. Schweiker
Table of Contents
| I |
Purpose |
| II |
Background |
| III |
Claims Covered by the Agreement |
| IV |
Implementation of Settlement Agreement |
| V |
Inquiries |
| Attachment A |
- Amended Stipulated Dismissal Order Dated Nov. 30, 1989 |
| Attachment B |
- Report to Regional Office |
ISSUED: August 27, 1990
I. Purpose
This Temporary Instruction (TI) contains instructions for implementing the
agreement in the stipulated dismissal from the U.S. District Court for
the Western District of Missouri in Ward, et al. v.
Schweiker, 81-0650-CV-W-JWO-3 (W.D. Mo. 1989). Under the terms of the
agreement, hearing office (HO) personnel processing claims of residents
of Missouri must follow certain procedures, set forth below, for
screening, monitoring, assigning and reporting Supplemental Security
Income (SSI) nondisability claims to comply with the 90-day time limit of
42 U.S.C. § 1383(c)(2) and
20 CFR §
416.1453.
II. Background
On December 15, l982, the U.S. District Court for the Western District of
Missouri issued a stipulated dismissal requiring the Social Security
Administration (SSA) to follow specific procedures for processing SSI
nondisability cases. The Office of Hearings and Appeals (OHA) released
copies of the settlement agreement and related instructions to all HOs
within Region VII instructing offices processing claims of Missouri
residents to follow the agreement.
On November 30, 1989, the district court issued an Amended Stipulated
Dismissal incorporating the new settlement terms agreed to by the parties
(Attachment A).
III. Claims Covered by the Agreement
The agreement covers all requests for hearing filed by Missouri residents
in which an SSI nondisability issue is being appealed. Thus, the agreement
does not extend to Appeals Council remand cases, but does cover any SSI
claim in which at least one of the issues is a nondisability issue, e.g.,
an income and resource issue case.
IV. Implementation of Settlement Agreement
A.
Screening and Flagging
HO personnel must screen all SSI claims of Missouri residents upon receipt
to determine whether they are covered by the 90-day time limit. HO staff
must flag all nondisability claims filed by residents of Missouri with
form HA-648. The HA-648 must be prominently displayed so that it is
visible on the file.
B.
Monitoring
HO personnel must enter the SSI 90-day case information into OHA's Case
Control System (CCS) and the Hearing Office Tracking System (HOTS). To
flag the record on HOTS, HO personnel will enter “SSI 90 DAY”
(omit quotes) in the “HO FIELD 1” field which is found on the
Case Receipt and Assign/Edit A Case screens. HO personnel must alert the
Hearing Office Manager (HOM) to the receipt of the case at the time the
CCS and HOTS systems are updated.
C.
Assigning Cases and Scheduling Hearings
An SSI 90-day case must be assigned to an Administrative Law Judge (ALJ)
in the servicing HO within 10 days of its receipt in the HO.
The ALJ must issue the hearing decision no later than 90 days after the
request for hearing was filed unless there is good cause for extending the
time period as described in
20 CFR §
416.1453(B)(2). HO personnel must schedule hearings in 90-day cases
to allow enough time to prepare the decision. If it is necessary in order
to meet the 90-day deadline and the claimant is willing to travel, the ALJ
may schedule a hearing at a site over 75 miles from the claimant's
residence. In this instance, SSA must pay travel expenses pursuant to
20 CFR §
416.1495 ff. In the alternative, the ALJ must make a special hearing
trip to a remote site to hear a 90-day case if it is necessary in order
to issue a decision within 90 days.
D.
Reporting
Weekly Report to the Hearing Office Chief Administrative Law Judge
(HOCALJ)
HO personnel must prepare a report which lists all SSI 90-day cases and
their status and give it to the HOM and HOCALJ on a weekly basis. HO
personnel must use the SSI 90-day program provided by the Regional Office
on October 27, l989, to generate the report.
The HOCALJ or delegate will monitor the list to ensure that time limits
are met. The HO will retain the report for a period of one year from the
date of the printout.
Reports to the Regional Office
All HOs processing Missouri claims will prepare reports covering the
following reporting periods:
January 1, 1990, through March 31, 1990,
April 1, 1990, through June 30, 1990, and
July 1, 1990, through December 31, 1990.
The reports will contain the following:
the processing time for each 90-day case,
the number of cases to which exclusions under the regulations applied,
an explanation for the basis of the exclusion for each case,
the number of cases which exceed the 90-day limit after applying the
exclusions, and
the reason(s) why a specific case exceeded the 90-day limit after applying
the exclusions.
The HOs must submit their reports to the Kansas City Regional Office,
Attention: Program Branch — John Martin, no later than 10 days after
the close of the reporting period.
All HOs are to use the form in Attachment B.
V. Inquiries
HO personnel may call the Regional Office on FTS 867-5246. Regional Office
personnel may call the Division of Field Practices and Procedures in the
Office of the Chief Administrative Law Judge on FTS 305-0022. Headquarters
personnel may call the Division of Litigation Analysis and Implementation
on 305-0708.
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT
OF MISSOURI
WESTERN DIVISION
AMENDED STIPULATED DISMISSAL
IT IS HERE BY STIPULATED by and between the parties, through their
respective counsel, that pursuant to Rule 41(a) (1) (ii) of the Federal
Rules of Civil Procedure, the above-entitled case shall be and hereby is
dismissed without prejudice. This Stipulation is based upon the
following:
Procedures have been established in Social Security Administration hearing
offices in Missouri in an effort to ensure that Supplemental Security
Income (SSI) cases of Missouri residents covered by the ninety-day limit
of 42 U.S.C. § 1383 (c) (2) and
20 C.F.R. §
416.1453 are decided by an administrative law judge (ALJ) within that
time:
Upon receipt of the Request for Hearing and claim file at the hearing
office, all cases with SSI involvement are carefully screened to determine
if any are covered by the ninety-day time limit of 42 U.S.C. § 1383
(c) (2) and 20
C.F.R. § 416.1453.
At the time of identification, all SSI ninety-day cases are clearly
flagged with a pink sheet (form HA-648).
Information is subsequently entered into the National Office of Hearings
and Appeals automated case control system (via form SSA-672) identifying
the case as an SSI: ninety-day Case. At the same time, information is
entered into the Individual Hearing Office management information
database, via the internal Hearing Office Tracking System (HOTS), using
the entry code “SSI90day” case.
The Hearing Office Manager (HOM) is alerted as to the receipt of the SSI
ninety-day case(s) at the time it is entered into the case control and
HOTS information systems.
SSI ninety-day cases are assigned to Administrative Law Judge (ALJ) within
ten (10) days of receipt of the Request for Hearing by the Office of
Hearings and Appeals.
In addition to “d” above, from the HOTS data base, a printout
listing SSI ninety-day cases and their status is prepared weekly and
provided to the HOM and Hearing Office Chief Administrative Law Judge. The
Hearing Office Chief Administrative Law Judge, or his delegate, monitors
the list the assure that all such decisions are issued within ninety days,
unless good cause as provided under regulations exists for extending that
period. The printout listing SSI ninety-day cases shall be retained by
the Hearing Office Chief Administrative Law Judge or his delegate for the
period of one year from the date of the printout.
If necessary, an ALJ will make a trip to hear an SSI ninety-day case even
if there are no other hearing cases pending in the area to which he must
travel, or, in the alternative, the Social Security Administration may
provide funds to the Hearing Office for the travel expenses of a claimant
and claimant's representative.
In an effort to ensure timely receipt of bearing requests forwarded to the
hearing office from Social Security offices in Missouri, an Action
Memorandum was reissued on October 27, 1989, by the Regional Commissioner
of Social Security in Kansas City requiring managers to:
Explain to the staff that the Social Security Act requires a hearing
decision within ninety days for these cases. It is not just a suggested
guideline for operational purposes.
Advise the staff that the file must be forwarded to the ALJ within five
days. Development which will take longer than five days can be completed
after the file has been shipped. When it is received, it can be mailed to
the hearing office for association with the folder.
Emphasize that the most expeditious method of obtaining additional
evidence (if needed) should be used. For example, obtaining wage
information via telephone rather than rending a SSA-L4201 may save days of
delay.
Remind the staff that “SSI NONDISABILITY ISSUE—90-DAY
CASE” is to be prominently written or stamped in red ink across the
top of the hearing office copy of Form HA-501 US on all casts for which
only an SSI nondisability issue is being appealed. This will alert the
hearing office.
The Social Security Administration has issued these instructions in a
regional POMS transmittal. In addition, this information has been provided
to the instructors of the SSI claims representative training classes.
This will perpetuate knowledge of these procedures because these classes
are attended by new claims representatives. Furthermore, in November
l989, all Social Security district offices in Missouri conducted
refresher training courses on SSI nondisability hearing requests, as
directed by the Regional Commissioner.
The Social Security Administration, Office of Hearings and Appeals, agrees
to prepare three reports following dismissal of this action demonstrating
the result of the efforts outlined in Parts 1 and 2 above. The first
report shall cover the period beginning January 1, 1990, and ending July
1,1990. The third report shall cover the period beginning April 1, 1990
and ending June 30, 1990. The reports are to be filed with the court and
served upon plaintiff's counsel within thirty days following the close of
the respective periods. Such reports will indicate the processing time for
each ninety-day case; the number of cases to which exclusions under the
regulations applied; the number of cases which exceeded the ninety-day
limit after the application of the exclusions, if any; and the reasons for
any cases which exceeded the ninety-day limit after the application of
exclusions, if any.
Plaintiffs agree to dismiss, without prejudice, their complaint in its
entirety.
The parties agree that there are currently no persons residing in Missouri
who meet the definition of the proposed class in this action to whom
notice of the dismissal herein would be necessary or appropriate.
The appropriateness and amount, if any, of attorney's fees shall be
determined at a later date. Should plaintiff seek attorney's fees, a
request shall be made no later than thirty days from the date of this
dismissal.
Respectfully submitted,
This is in response to the Regional Chief Administrative Law Judge's
memorandum of December 8, 1989, as directed by the amended settlement in
the Ward et al. v. Schweiker, and provides
reporting information on SSI 90-day cases covering the period
___________________ through _________________.
SSI 90-day Cases
* Following each case number, indicate either that the case was
“pending” at the close of the report period or, if completed,
enter the date the decision was issued.
Total number of cases to which exclusions, as authorized by the
regulations, applied ______
Exclusions, as authorized by the regulations, applied to the following
case numbers (e.g., 1, 15, 22) ________. (For each exclusion cited,
include an explanation of the basis for the exclusion.)
Total number of cases which exceeded the 90-day limit after applying the
exclusions, if any ______
Reasons why a particular case exceeded the 90-day limit after applying the
exclusions, if any:
Case Number and Name
Date of Request for Hearing
