I-5-4-48.
| Exhibit A: Personalized 120-day Notice for Sharpe Disability Class Members | |
| Addresses of U.S. District Courts in New York State and Pro se Clerk Telephone Numbers | |
| Exhibit B: Personalized 90-day Notice for Sharpe Non-disability Class Members | |
| Exhibit C: Interim Benefits Notice for Sharpe Non-disability Class Members (to Be Sent by HO) | |
| Exhibit D: Notice to Accompany All Fully and Partially Favorable ALJ Decisions in Sharpe Class Member Cases | |
| Language to Accompany or be Incorporated into Request for Hearing Acknowledgment Notices in all Martinez Class Member Cases | |
| Exhibit E: Social Security Field Office Notice of Initiating Interim Benefits to Sharpe Class Members: Benefits Not Timely Effectuated by SSA After Issuance of ALJ Decision |
Attachment 3. Exhibit B: Personalized 90-day Notice for Sharpe Non-disability Class Members
| SOCIAL SECURITY ADMINISTRATION | |
| _________________________________________________________________________ | |
| Office of Hearings and Appeals | |
| HO address and | |
| telephone number |
SSN:
Claimant's Name
Address
City, State, Zip
Dear _______________:
You requested a hearing before an Administrative Law Judge on [Insert request for hearing date.], over 90 days ago.
Your hearing does not involve a disability issue, and therefore you have the right under the Social Security Act to a hearing and a decision within 90 days after your hearing request. Under a federal district court order in Sharpe v. Sullivan, 79 Civ. 1977 (CSH) (S.D.N.Y.), we are required to pay interim benefits to claimants to whom we have not issued a hearing decision within 90 days after a hearing request. However, under the order, we do not have to pay interim benefits when certain special exceptions apply.
We believe that we are not required to pay you interim benefits at this time because of the following special exception(s) that applies(apply) to your case: [Insert explanation, referring to all applicable exceptions and extensions. See Part IV. A.]
If you want more information concerning the status of your case or if you want us to act more quickly on your case, you may call or write to us at the above phone number and address. Ask to speak to a [hearing assistant/hearing office clerk].
If you believe that we have unreasonably delayed your case, you have a right to seek help in the United States District Court for the [Northern/Southern/Eastern/Western] District of New York. You may make a motion to a judge for an Order directing us to provide your hearing and/or decision promptly and to pay you benefits (“interim benefits”) while we do this. The Court is located at the following location(s):
[See Attachment 2 for a list of district court addresses and pro se clerk telephone numbers.]
If you need help making this motion in court, there are “pro se” clerks in the Courthouse to assist you. The “pro se” clerk's telephone number is listed in the above paragraph.
You may also wish to consult an attorney about your rights. Free legal services may be available if you qualify for them due to financial need.
A list of attorneys who may be able to provide free services is attached.
| Administrative Law Judge | |
| Attachment | |
cc: The Legal Aid Society
Civil Appeals Law
Reform Unit
Sharpe
Compliance
11 Park Place
New York, New York 10007
[Representative's name & address]
Attachment 4. Exhibit C: Interim Benefits Notice for Sharpe Non-disability Class Members (to Be Sent by HO)
| SOCIAL SECURITY ADMINISTRATION | |
| _________________________________________________________________________ | |
| Office of Hearings and Appeals | |
| HO address and | |
| telephone number |
SSN:
Claimant's Name
Address
City, State, Zip
Dear _______________:
Because your Supplemental Security Income (SSI) case does not involve a disability issue, the Social Security Administration is generally required to issue a decision after hearing within 90 days after your hearing request is filed. Because we have not decided your claim within this time limit, we will shortly begin sending you special interim benefit payments. These payments are required under a federal district court order in Sharpe v. Sullivan, 79 Civ. 1977 (CSH) (S.D.N.Y.).
If you do not begin to receive your special interim benefit payments within two weeks of the date of this letter, you may call a claims representative at our toll free number,
1-800-772-1213. You may also call this number if you do not wish to receive these special interim payments while awaiting a decision in your case.
Please keep the following in mind:
1. If you receive a favorable decision after hearing, you will stop receiving special interim benefits and will begin receiving your regular benefits.
If we learn that the amount of the special interim benefits we paid to you is higher than the regular benefits you should have received for the same time period, we will decide that you were overpaid. In that case, we will mail you a written notice that explains how we computed the overpayment, how we will collect the overpayment, and how you may appeal our decision that you were overpaid. The notice will also tell you how you may request a waiver of the overpayment. If we agree to waive the overpayment, we will not take any steps to collect the overpaid amount from you.
If, on the other hand, we learn that the amount of the special interim benefits we paid you is lower than the regular benefit amount you should have received for the same time period, we will promptly pay you the amount by which you were underpaid and send you a written notice that explains how the underpayment was computed.
2. If you receive an unfavorable decision after hearing, your special interim benefit payments will stop, and the special interim benefit payments you have received will be considered an overpayment. You will have all the rights described above, including the right to appeal our decision and to ask us to waive recovery of the overpayment.
| Field Office Manager | |
| Attachment | |
cc: The Legal Aid Society
Civil Appeals Law
Reform Unit
Sharpe
Compliance
11 Park Place
New York, New York 10007
[Representative's name & address]
Attachment 5. Exhibit D: Notice to Accompany All Fully and Partially Favorable ALJ Decisions in Sharpe Class Member Cases
| SOCIAL SECURITY ADMINISTRATION | |
| _________________________________________________________________________ | |
| Office of Hearings and Appeals | |
| HO address and | |
| telephone number |
SSN:
Claimant's Name
Address
City, State, Zip
Dear _______________:
As the enclosed Administrative Law Judge hearing decision explains, we have found that you are eligible to receive Supplemental Security Income payments.
We will calculate your current and retroactive monthly benefit amounts within [60 days/20 days because we do not need more information on your financial eligibility] and we will send you your current and retroactive benefits within [75/35] days unless special exceptions apply. You have the right to prompt payment of your benefits because of a federal district court order in Sharpe v. Sullivan, 79 Civ. 1977 (CSH) (S.D.N.Y.).
If you have any questions or need additional information, please call our toll free number 1-800-772-1213 and ask for a claims representative.
| Administrative Law Judge | |
| Attachment | |
cc: The Legal Aid Society
Civil Appeals Law
Reform Unit
Sharpe
Compliance
11 Park Place
New York, New York 10007
[Representative's name & address]