I-5-4-32.LaBelle, et al. v. Sullivan

Table of Contents
I Purpose
II Background
III Guiding Principles
IV Definition of Individuals Eligible for LaBelle Relief
V Preadjudication Actions
VI Processing and Adjudication
VII Case Coding
VIII Inquiries
Attachment 1 - Teletype Instruction IT-67-91 Issued December 16, 1991
Attachment 2 - LaBelle v. Sullivan Settlement Order Dated July 24, 1992
Attachment 3 - Notice to Individuals Not Eligibile For LaBelle Relief
Attachment 4 - Notice of FO Determination That No Bona Fide Loan Exists

ISSUED: June 29, 1993

I. Purpose

This Temporary Instruction (TI) sets forth procedures for implementing the July 24, 1992 Settlement Order approved by the United States District Court for the Middle District of Florida in the LaBelle, et al. v. Sullivan action involving the effect of loans of in-kind support and maintenance on Supplemental Security Income (SSI) eligibility and payment amounts.

Adjudicators throughout the country must be familiar with this TI because individuals eligible for relief under the LaBelle Settlement Order who now reside outside of the Eleventh Circuit must have their cases processed in accordance with the requirements of the court's Settlement Order.

II. Background

On December 5, 1991, plaintiffs filed an Eleventh circuit-wide class action challenging the Secretary's policy that restricted the definition of “loan” to transactions that involved an exchange of money, and resulted in treating advances of food and/or shelter as income for SSI purposes.

On December 16, 1991, the Social Security Administration (SSA) announced a policy reinterpretation, effective December 17, 1991, that permitted bona fide loans based on advances of food and/or shelter to be disregarded in the same manner as cash loans in computing SSI eligibility and benefits amounts. SSA issued teletype instruction IT-67-91 (Attachment 1) to provide operating components with instructions on implementing the policy change. IT-67-91 permitted one-year reopening of prior determinations or decisions based on this change of position.

On July 24, 1992, the district court approved the parties' jointly submitted Settlement Order setting forth the terms for applying the Secretary's change of policy retroactively to certain Eleventh Circuit (Alabama, Florida and Georgia) residents (Attachment 2).

On September 8, 1992, SSA published Social Security Ruling (SSR) 92-8p which provides a uniform national policy interpretation on the treatment of advances of in-kind support and maintenance and implements the December 1991 policy change that permits bona fide loans based on advances of food and/or shelter to be disregarded in computing SSI eligibility and benefit amounts.

III. Guiding Principles

Under LaBelle, the Secretary will make a new determination for persons who: 1) respond to notice informing them of the opportunity for review; and 2) are determined to be eligible for relief under the Settlement Order after screening (see Part V. below). The Southeastern Program Service Center (SEPSC) or the SSA field office (FO) (i.e., district office or branch office) servicing the claimant's residence, as appropriate, will screen cases to determine who is eligible for relief under the LaBelle Settlement Order.

The FO will make a new determination at the reconsideration level regardless of the final level at which the case was previously decided. Individuals eligible for relief under the LaBelle Settlement Order who receive adverse determinations will have appeal rights (i.e., Administrative Law Judge (ALJ) hearing, Appeals Council and judicial review).

Generally, the LaBelle Settlement Order does not require any change in OHA's adjudicatory policies because, since December 16, 1991, OHA adjudicators have been excluding bona fide loans based on advances of food and/or shelter in computing SSI eligibility and benefits amounts. However, under the LaBelle Settlement Order, the Secretary will recognize and accept as determinative and final any prior decision of the Secretary at any administrative level that there did exist a bona fide loan based on the advance of food and/or shelter and honor that determination without further inquiry.

IV. Definition of Individuals Eligible for LaBelle Relief

Except as noted below, for purposes of implementing the July 24, 1992 Settlement Order, individuals eligible for relief under the LaBelle Settlement Order include all past or present residents of Alabama, Florida and Georgia who, between January 1, 1990, and December 31, 1991, inclusive, received a determination or decision at any administrative level (initial, reconsideration, ALJ hearing or Appeals Council review) that reduced, suspended or denied SSI benefits because SSA counted as income food and/or shelter that an individual received as a bona fide loan.

EXCEPTION:

A person is not eligible for relief under the LaBelle Settlement Order if

(1) the individual is a former resident of Alabama, Florida and Georgia and received a determination or decision between January 1, 1990, and December 31, 1991, inclusive, but the individual was not a resident of Alabama, Florida or Georgia at the time of the determination or decision; or

(2) the individual's income (after excluding bona fide loans of food and/or shelter) or resources preclude SSI eligibility or additional payment.

NOTE:

Current residents of Alabama, Florida or Georgia are potential class members if they received a determination or decision between January 1, 1990, and December 31, 1991, inclusive, even if they were not residents of Alabama, Florida or Georgia at the time they received the determination or decision.

V. Preadjudication Actions

A. Notification

On January 19, 1993, SSA began sending notices to all individuals potentially eligible for relief under the LaBelle Settlement Order as identified by computer run. The notice included a reply form and a postage-paid return envelope addressed to the SEPSC. Individuals have 180 days from the date of receipt of the notice to request that SSA readjudicate their claims under the terms of the LaBelle Settlement Order. Receipt will be presumed to have occurred within 5 days of the notice.

The SEPSC will send all untimely responses to the servicing FO to develop good cause for the untimely response. Good cause determinations will be based on the standards in 20 CFR § 416.1411.

B. Identifying Individuals Eligible for LaBelle Relief

  1. SEPSC Responsibilities

    Upon receipt of a reply form, SEPSC will obtain an SSID query for the respondent. SEPSC will not routinely obtain the claim folder. SEPSC will attempt to telephone each respondent, briefly explain the LaBelle Settlement Order, and ask each respondent if he or she considers the food and/or shelter received to be the basis for a loan. If a respondent does not allege a loan, SEPSC will document the allegation on a report of contact and issue a notice (see Part V. B. 3. below) advising the respondent that he or she is not eligible for relief under the LaBelle Settlement Order. SEPSC will forward the case information and a copy of the notice to the servicing FO.

    If a respondent alleges a loan based on an advance of food and/or shelter, or a questionable situation arises, SEPSC will advise the respondent that the local FO will contact him or her for further information. SEPSC will document the discussion on a report of contact and forward the case information to the servicing FO for further development.

    If SEPSC is unable to contact a respondent by telephone, it will forward the case information to the servicing FO for further action.

  2. FO Responsibilities

    The FO will initiate contact with a respondent to explain the LaBelle Settlement Order, and ask each respondent if he or she considers the food and/or shelter received to be the basis for a loan, when:

    • SEPSC is unable to contact a respondent by telephone;

    • a reply form is returned to the FO rather than to SEPSC;

    • an individual not previously sent a LaBelle notice contacts the FO inquiring about potential relief.

    The FO will contact a respondent to develop for good cause when a reply is made more than 185 days after the date of the LaBelle notice.

  3. Notice to Individuals Not Eligible for LaBelle Relief

    SEPSC or the FO will send the notice in Attachment 3, modified to fit the circumstances of the case, to any individual who is not eligible for relief under the LaBelle Settlement Order because the individual:

    • does not allege an advance of food and/or shelter as the basis for a loan;

    • has income (after excluding bona fide loans based on advances of food and/or shelter) or resources that preclude SSI eligibility or additional payment;

    • was not a past or present resident of the Eleventh Circuit who received a determination or decision at any administrative level between January 1, 1990, and December 31, 1991, inclusive;

    • is deceased and there is no survivor who is eligible to receive an SSI underpayment.

    An individual who wishes to challenge a finding that he or she is not eligible for LaBelle relief for any of the above reasons may do so only through class counsel, as explained in the notice (Attachment 3).

VI. Processing and Adjudication

A. FO Adjudication of LaBelle Claims

The FO will conduct the first LaBelle review. The FO determination will be at the reconsideration level, regardless of the administrative level at which the LaBelle claim(s) was previously decided, with full appeal rights (i.e., ALJ hearing, Appeals Council and judicial review). Prior determinations or decisions which had counted as income advances of food and/or shelter received under a bona fide loan will be reopened and revised, as appropriate.

If the FO determines that a claimant received food and/or shelter under a bona fide loan agreement, the FO will recompute the claimant's SSI benefits for any month(s) in the retroactive period in which the claimant was charged in-kind support and maintenance, calculate any underpayment, make appropriate systems input, and issue a notice advising the claimant regarding the change in payment.

If the FO determines that the food and/or shelter a claimant received was not received under a bona fide loan agreement, the FO will issue a notice advising the claimant of this determination and of his or her further appeal rights (Attachment 4).

B. OHA Adjudication of LaBelle Claims

The following instruction applies to LaBelle readjudication cases in which the claimant requests a hearing or Appeals Council review. OHA should not receive any unadjudicated LaBelle claims for possible consolidation with a current claim pending in OHA because the claims generally will not have common issues. Except as otherwise noted in this instruction, hearing offices and Headquarters will process LaBelle cases according to all other current practices and procedures including coding, scheduling, developing evidence, routing, etc.

  1. Type of Review and Period to be Considered

    Pursuant to the LaBelle Settlement Order, the type of review to be conducted is a reopening. For initial SSI claims and appeals of determinations on initial claims, adjudicators will apply the December 1991 policy change represented by IT-67-91 beginning with the month of the effective date of filing, even if it precedes January 1, 1990.

    For posteligibility situations, adjudicators will apply the December 1991 policy change represented by IT-67-91 beginning with the date of the notice of the initial determination (as a result of an SSI redetermination) that reduced or suspended benefits because SSA counted as income food and/or shelter that the claimant received under a bona fide loan agreement.

    NOTE:

    Because LaBelle reopenings are being made pursuant to a court-approved settlement order, the ordinary rules of administrative finality (20 CFR § 416.1487ff) do not apply. However, any reopenings and revisions made subsequently on these same cases will be subject to administrative finality, unless the subsequent reopenings are also made pursuant to the LaBelle Settlement Order.

  2. Loans of In-kind Support and Maintenance

    LaBelle does not require any change in OHA's adjudicatory policies because, since December 16, 1991, OHA adjudicators have been excluding bona fide loans of food and/or shelter in computing SSI eligibility and benefits amounts. However, under the LaBelle Settlement Order, the Secretary will recognize and accept as determinative and final any prior decision of the Secretary at any administrative level that there did exist a bona fide loan and honor that determination without further inquiry.

  3. Class Member is Deceased

    If a class member is deceased, the usual survivor and substitute party provisions and existing procedures for determining distribution of any potential underpayment apply.

VII. Case Coding

HO personnel will code prior claims into the Hearing Office Tracking System (HOTS) and the OHA Case Control System (OHACCS) as “reopenings.”

To identify class member cases in HOTS, HO personnel will code “LB” in the “Class Action” field. No special identification codes will be used in the OHACCS.

VIII. Inquiries

HO personnel should direct any questions to their Regional Office. Regional Office personnel should contact the Division of Field Practices and Procedures in the Office of the Chief Administrative Law Judge at (703) 305-0022.

Attachment 1. - Teletype Instruction IT-67-91 Issued December 16, 1991

TELEGRAPHIC MESSAGE [Transmitted 12/16/91]
NAME OF AGENCY

PRECEDENCE

ACTION:  PRIORITY

INFO:

SECURITY CLASSIFICATION

UNCLASSIFIED

ACCOUNTING CLASSIFICATION

HHSS

DATE PREPARED

12/3/91

FILE
FOR INFORMATION CALL

NAME

Stephen H. Fear

PHONE NUMBER

59824

TYPE OF MESSAGE

__     __     __

SINGLE BOOK MULTIPLE-

            ADDRESS

THIS SPACE FOR USE OF COMMUNICATION UNIT

 

MESSAGE TO BE TRANSMITTED (Use double spacing and all capital letters)

TO:

FM: SSA, OSSI

TO: ALL SSA RCS

TO: ALL SSA ARCS

TO: ALL SSA PSC/ODIO/INTPSC

TO: OPIRQS/OPIRSOS

TO: SSA ADS

TO: ALL DOS/BOS/TSCS

TO: OPIR

TO: OMPI

TO: HCFA

TO: OHA

EMERGENCY SSI INSTRUCTIONS OSSI-92-008 [IT-67-91]

SUBJECT: POLICY REINTERPRETATION - APPLICABILITY OF LOAN POLICY TO ADVANCES OF FOOD AND/OR SHELTER

MANUAL REVISION TO FOLLOW SHORTLY IN POMS SI 00835.480.

  SECURITY CLASSIFICATION

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TELEGRAPHIC MESSAGE [Transmitted 12/16/91]
NAME OF AGENCY

PRECEDENCE

ACTION:  PRIORITY

INFO:

SECURITY CLASSIFICATION

UNCLASSIFIED

ACCOUNTING CLASSIFICATION

HHSS

DATE PREPARED

12/3/91

FILE
FOR INFORMATION CALL

NAME

Stephen H. Fear

PHONE NUMBER

59824

TYPE OF MESSAGE

__     __     __

SINGLE BOOK MULTIPLE-

            ADDRESS

THIS SPACE FOR USE OF COMMUNICATION UNIT

 

MESSAGE TO BE TRANSMITTED (Use double spacing and all capital letters)

TO:

POLICY REINTERPRETATION

EFFECTIVE IMMEDIATELY, FOOD AND/OR SHELTER THAT AN INDIVIDUAL RECEIVES FROM THE HOUSEHOLD IN WHICH HE OR SHE LIVES AND HAS AN OBLIGATION TO PAY FOR AT A FUTURE DATE MAY BE THE BASIS OF A LOAN. DISREGARD THE BAN IN SI 00835.480 C.2. AGAINST TREATING SUCH ADVANCES AS LOANS.

ASKING ABOUT A LOAN AGREEMENT -- INITIAL CLAIMS AND REINSTATEMENTS

IF AN INDIVIDUAL WHO IS APPLYING FOR BENEFITS OR BEING REINSTATED AFTER A PERIOD OF INELIGIBILITY IS NOT PAYING A PRO RATA SHARE OF THE HOUSEHOLD FOOD AND/OR SHELTER EXPENSES, ASK IF HE OR SHE WILL HAVE TO PAY THE HOUSEHOLDER BACK FOR IT. DOCUMENT THE ANSWER OVER THE INDIVIDUAL'S SIGNATURE. A YES ANSWER IS A LOAN ALLEGATION.

DETERMINING WHETHER A BONA FIDE LOAN EXISTS

FOLLOW SI 01120.220 AND APPLICABLE REGIONAL INSTRUCTIONS TO

  SECURITY CLASSIFICATION

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TELEGRAPHIC MESSAGE [Transmitted 12/16/91]
NAME OF AGENCY

PRECEDENCE

ACTION:  PRIORITY

INFO:

SECURITY CLASSIFICATION

UNCLASSIFIED

ACCOUNTING CLASSIFICATION

HHSS

DATE PREPARED

12/3/91

FILE
FOR INFORMATION CALL

NAME

Stephen H. Fear

PHONE NUMBER

59824

TYPE OF MESSAGE

__     __     __

SINGLE BOOK MULTIPLE-

            ADDRESS

THIS SPACE FOR USE OF COMMUNICATION UNIT

 

MESSAGE TO BE TRANSMITTED (Use double spacing and all capital letters)

TO:

DOCUMENT AN ALLEGED LOAN AND TO DETERMINE WHETHER IT IS BONA FIDE. DO NOT USE FORMS SSA-2854 AND SSA-2855 FOR IN-KIND LOAN DEVELOPMENT. IF THE ADVANCE OF FOOD AND/OR SHELTER IS THE BASIS FOR A BONA FIDE LOAN, IT IS NOT INCOME.

LOAN AMOUNT SPECIFIED

IF THE INDIVIDUAL GIVES A DOLLAR AMOUNT FOR THE LOAN, COMPLETE SHARING DEVELOPMENT (SI 00835.160) OR EARMARKED - SHARING DEVELOPMENT (SI 00835.170), AS APPLICABLE, USING THE LOAN AMOUNT AS THE AMOUNT OF THE INDIVIDUAL'S CONTRIBUTION. COUNTABLE ISM MAY BE CHARGED IF THE AMOUNT OF THE CONTRIBUTION IS LESS THAN THE PRO RATA SHARE.

LOAN AMOUNT NOT SPECIFIED -- OPERATING ASSUMPTION FOR INITIAL CLAIMS AND REINSTATEMENTS

IF NO DOLLAR AMOUNT HAS BEEN SPECIFIED (FOR EXAMPLE, IF THE AGREEMENT IS THAT "WE ARE GOING TO FIGURE OUT WHAT I OWE

  SECURITY CLASSIFICATION

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TELEGRAPHIC MESSAGE [Transmitted 12/16/91]
NAME OF AGENCY

PRECEDENCE

ACTION:  PRIORITY

INFO:

SECURITY CLASSIFICATION

UNCLASSIFIED

ACCOUNTING CLASSIFICATION

HHSS

DATE PREPARED

12/3/91

FILE
FOR INFORMATION CALL

NAME

Stephen H. Fear

PHONE NUMBER

59824

TYPE OF MESSAGE

__     __     __

SINGLE BOOK MULTIPLE-

            ADDRESS

THIS SPACE FOR USE OF COMMUNICATION UNIT

 

MESSAGE TO BE TRANSMITTED (Use double spacing and all capital letters)

TO:

LATER AND I AM GOING TO PAY IT OUT OF MY SSI"), ASSUME THAT THE LOAN AGREEMENT COVERS THE INDIVIDUAL'S PRO RATA SHARE OF THE FOOD AND/OR SHELTER EXPENSES, AS APPLICABLE. DO NOT DEVELOP HOUSEHOLD EXPENSES FOR THE PURPOSE OF DETERMINING THE AMOUNT OF THE LOAN. THIS OPERATING ASSUMPTION DOES NOT APPLY IN CONTINUTING ELIGIBILITY SITUATIONS.

TYPE H INCOME INPUT

IF NO ISM IS BEING CHARGED BECAUSE OF A BONA FIDE LOAN, INPUT A TYPE H INCOME AMOUNT OF ZERO AND TYPE H ID OF “A LOAN” (SEE SM 01005.193 FOR TYPE H INCOME INPUT INSTRUCTIONS).

RT DIARY INPUT AND DEVELOPMENT

IF NO ISM IS BEING CHARGED BECAUSE OF A BONA FIDE LOAN, SET AN RT DIARY FOR 3 MONTHS AFTER THE ESTIMATED FIRST MONTH OF PAYMENT (SEE SM 01005.230 FOR DA FIELD INPUT INSTRUCTIONS).

  SECURITY CLASSIFICATION

PAGE NO.

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NO. OF PGS.

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GSA FPMR (41 CFR 101-25.206





TELEGRAPHIC MESSAGE [Transmitted 12/16/91]
NAME OF AGENCY

PRECEDENCE

ACTION:  PRIORITY

INFO:

SECURITY CLASSIFICATION

UNCLASSIFIED

ACCOUNTING CLASSIFICATION

HHSS

DATE PREPARED

12/3/91

FILE
FOR INFORMATION CALL

NAME

Stephen H. Fear

PHONE NUMBER

59824

TYPE OF MESSAGE

__     __     __

SINGLE BOOK MULTIPLE-

            ADDRESS

THIS SPACE FOR USE OF COMMUNICATION UNIT

 

MESSAGE TO BE TRANSMITTED (Use double spacing and all capital letters)

TO:

WHEN THE DIARY MATURES, DO PRO RATA SHARE DEVELOPMENT BEGINNING WITH THE MONTH AFTER THE INDIVIDUAL FIRST RECEIVED PAYMENT, USING THE AVERAGING INSTRUCTIONS IN SI 00835.475 D.

ADMINISTRATIVE FINALITY

ONE YEAR REOPENING OF PRIOR DETERMINATIONS FOR CHANGE-OF- POSITION POLICY APPLIES (SEE SI 04070.040 C.3.).

 

 

        /S/        

RHODA M. G. DAVIS
ASSOCIATE COMMISSIONER
FOR SUPPLEMENTAL SECURITY INCOME

PUBLISHED INSTRUCTIONS ARE TARGETED TO REACH USERS BY 7/31/92.

FILE CODE: SI 1-3.2.5

  SECURITY CLASSIFICATION

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5

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Attachment 2. - LaBelle v. Sullivan Settlement Order Dated July 24, 1992

 
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF FLORIDA
 
MARIE L. LABELLE, *  
MICHAEL A. ANGELO, and *  
WILLIE M. LEWIS, *  
individually and on behalf of * [Filed July 24, 1992]
all others similarly situated, *  
Plaintiffs, *  
  *  
vs. * CASE NO. 91-1041-CIV-J-16
  *  
LOUIS W. SULLIVAN, Secretary of *  
the Department of Health and *  
Human Services, *  
  *  
Defendant. *  

SETTLEMENT ORDER

The Court having approved the parties' settlement proposal, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that:

  1. Effective December 17, 1991, Defendant began treating in-kind advances of food and/or shelter in the same manner that cash loans and credit purchases are treated under 20 C.F.R § 416.1103(f), with the result that bona fide in-kind loans are no longer charged as income to SSI applicants and recipients. On December 16, 1991, SSA issued teletype instruction IT-67-91 (Exhibit 1) to provide the appropriate SSA operating components with instructions on implementing the change of position on the treatment of in-kind loans. IT-67-91 is applicable to determinations made on or after December 17, 1990. By this order the Defendant agrees to apply the change of position described in IT-67-91 to past or present residents of Alabama, Georgia and Florida, who, during the period January 1, 1990, through December 31, 1991, received a determination or decision at any administrative level (initial, reconsideration, hearing, or Appeals Council), that resulted in or upheld a reduction of an individual's initial SSI payment (including any initial payment made after a period of suspension) that had occurred due to SSA's counting as income food or shelter that the individual had received as a bona fide loan. This provision also applies to individuals who filed an SSI claim that was denied between January 1, 1990, and December 31, 1991 because SSA had counted as income food and/or shelter that was received as a bona fide loan.

  2. With regard to the individuals described in paragraph 1, Defendant Louis W. Sullivan, Secretary of Health and Human Services, his agents, employees, and all persons acting in concert with them, agree not to apply any and all written or oral directives of the Social Security Administration that require or permit bona fide loans of food or shelter from within a household to be treated as income to the SSI applicant or recipient. This includes, but is not limited to, any regulations, proposed regulations, Social Security rulings, program circulars, Program Operations Manual System (POMS) provisions, and any other written or oral directives, guidelines, memoranda, etc. of the Social Security Administration.

  3. The Defendant will apply the provisions of this agreement to Plaintiffs Marie LaBelle, Michael Angelo, and Willie M. Lewis.

  4. Not later than the date when the notices described in paragraph 5 are issued, Defendant will send by teletype or overnight means of communication to all appropriate offices, divisions, levels, departments, etc., of the Social Security Administration a directive explaining how the claims of individuals responding to this notice will be processed, and directing:

    That in determining eligibility for and the amount of SSI benefits for all individuals described in paragraph 1, adjudicators shall treat in-kind loans of food and/or shelter in the same manner as cash loans or credit purchases are treated, namely, that the value of bona fide in-kind loans shall not be counted as income.

  5. Within one hundred and eighty (180) days of entry of this order, Defendant shall identify and provide written notification of this agreement to all individuals described in paragraph 1. The contents of the notice shall be written by the Secretary and submitted to plaintiffs for review and shall include, but shall not necessarily be limited to, an explanation in clear, layperson's language of the general provisions of this agreement and how the individual may request relief thereunder. To quality for consideration for relief, an individual must contact SSA within one hundred and eighty (180) days from the date he/she receives the aforementioned notice unless he/she can establish good cause for not contacting SSA within the 180-day period. Receipt will be presumed to have occurred within 5 days of the date of the notice, unless an individual shows otherwise. To decide whether an individual has established good cause for missing the deadline to request review under this agreement, the Defendant will apply the criteria in 20 C.F.R. § 416.1411.

  6. Defendant further agrees to,

    1. Recognize and accept as determinative and final any prior decision of the Secretary at any administrative level for those members of the group as defined in paragraph 1, that there did exist a bona fide loan of food and/or shelter and to honor that determination without further inquiry; and

    2. Provide, for the claims of those individuals defined in paragraph 1 where no determination was made as to the existence of a bona fide loan, a full opportunity for individuals notified pursuant to paragraph 5 to demonstrate that the food and/or shelter they received for any month was a bona fide loan.

  7. Upon the request of any individual as described in paragraph 1, Defendant shall, for all months to which the determination or decision described in paragraph 1 applies to such individual, redetermine the SSI benefit amount and/or eligibility of such individual and make any appropriate retroactive payment to him or her. If the determination or decision described in paragraph 1 pertains to an application for benefits, the months to which it applies begin with the month in which the application was filed. If the determination or decision pertains to a reinstatement of benefits, the months to which it applies begin with the first month for which benefits were suspended or reduced.

  8. Within one hundred and twenty (120) days of the date of this order, and every sixty (60) days thereafter until relief is provided to all individuals notified under paragraph 5 who are entitled to relief, Defendant shall submit a written report to this Court, with a copy served on Plaintiffs' counsel, describing Defendant's compliance with this Order. Each report shall include, but not necessarily be limited to, descriptions of the following:

    1. All actions taken by the Defendant to comply with paragraph 4 of this Order, including the date(s) of such actions

    2. All actions taken by the Defendant to comply with paragraph 5 of this Order, including number of individuals identified, and the number provided relief under the Order.

  9. The Court shall retain jurisdiction to enforce or clarify this Order to ensure that its terms are carried out.

    IT IS SO ORDERED.

    ENTERED this 24 day of July, 1992, at Jacksonville, Florida.

   
   
  /s/
  ____________________________________
  UNITED STATES DISTRICT JUDGE
   
cc:

Karen J. Aviles, Esq.
Ralph Lee, Esq.
Gill Deford, Esq.
Sarah Harriet Bohr, Esq.
Thomas F. Woods, Esq.
James J. Taylor. Jr., Esq.










WE HEREBY CONSENT TO ENTRY OF THE FOREGOING ORDER IN:

Marie L. Laelle. et al. v. Sullivan,
Case No. 91-1041-CIV-J-16

For the Defendant:

 

ROBERT W. GENZMAN
United States Attorney
By: ____________/s/____________
RALPH J. LEE
Assistant United States Attorney
Id. No. USA004
Post Office Box 60D
Jacksonville, Florida 32201
Telephone No. (904) 232-2682

OF COUNSEL:

 

DONALD A GONYA
   Chief Counsel for Social Security
RANDOLPH W. GAINES
   Deputy Chief Counsel for Social Security
JOHN M. SACCHETTI
   Chief, Retirement, Survivors
   and Supplemental Assistance Litigation
   Branch
KAREN J. AVILES
   Attorney
   Office of the General Counsel
   Social Security Division
   Department of Health and Human Services

For the Plaintiffs:

 

____________/s/____________
Sara H. Bohr, Esquire
Id. No. 264008
Jacksonville Area Legal Aid, Inc
604 Hogan Street
Jacksonville, Florida 32202
(904) 356-8371, Extension 345

Gil Deford, Esquire
National Senior Citizens Law Center
Los Angeles, California
Pro Hoc Vice

Attachment 3. - Notice to Individuals Not Eligibile For LaBelle Relief

SUPPLEMENTAL

SECURITY Important Information  

INCOME

From:

Department of Health and Human Services
Social Security Administration

  Office Address:
   
  Telephone Number:
____________________________ Date:
____________________________ Social Security Number:
  999-99-9999
____________________________  

You asked us to look at your Supplemental Security Income (SSI) case to see if we owe you any money because of the LaBelle court case. This case changes how we count help you receive from someone you live with if you do not pay for it. The LaBelle case says that we should not count the help you received (food or shelter or both) if the help you received was intended to be a loan.

The information we have shows that you are not fill-in (1) because of the LaBelle case for the following reason(s): fill-in (2).

Do You Think We're Wrong?

If you think we're wrong, you may have your lawyer contact the attorneys for the LaBelle case. If you don't have a lawyer, there are groups that can find you one. We can give you the names of these groups.

The attorneys for the LaBelle case will answer your questions about class membership. If they think we are wrong, we may change our minds and look at your case again. The attorney for the LaBelle case is Jacksonville Legal Aid, Inc. The address is 604 Hogan Street, Jacksonville, Florida, 32202.

If You Have Any Questions

If you have any questions, you may call your local Social Security office. If you call or visit our office, please have this letter with you.

Also, if you plan to visit an office, you may call ahead to make an appointment. This will help us serve you more quickly when you arrive at the office.

 

(FO Manager's Name)
Manager

Fill-ins

1 - Choice 1: eligible to receive SSI payments
   
  Choice 2: due more SSI payments
   
2 - Choice 1: When we contacted you, you told us that the (food/ food and shelter/shelter) you received did not have to be paid back. It was not intended to be a loan.
   
  Choice 2: The amount of your income was still to high after we subtracted the amount we counted for the help (you) received. (List all other income counted.)
   
  Choice 3: We find that (your) resources were more than $_____ (appropriate dollar amount for resource limit) for _____ (month/year) through _____ (month/year that resources exceed the limit).
   
  For you to receive (more) SSI payments, the resources that (you) own cannot be worth more than $_____ (appropriate dollar amount). We call this amount the resource limit.
   
  Resources are the things that (you) own such as cash, stocks, bank accounts, certain types of life insurance, buildings and land on which (you) do not live. We do not include as resources the home in which (you) live, one car used for necessary activities, and some other things.
   
  Choice 4: To be eligible for Supplemental Security Income payments under the LaBelle case, (you) must have lived in the State of (Alabama, Florida, or Georgia) for one or more months during the period January 1, 1990, through December 31, 1991. Our records show that (you) did not/do not meet this requirement because you were/are living in (name of state/foreign country).
   
  Choice 5: (Other -- fill in appropriate explanation.)

Attachment 4. - Notice of FO Determination That No Bona Fide Loan Exists

SUPPLEMENTAL

SECURITY Important Information  

INCOME

From:

Department of Health and Human Services Social Security Administration

  Office Address:
   
  Telephone Number:
____________________________ Date:
____________________________ Social Security Number:
  999-99-9999
____________________________  

You asked us to look at your Supplemental Security Income (SSI) case to see if we owe you any money because of the LaBelle court case. This case changes how we count help you receive from someone you live with if you do not pay for it. The LaBelle case says that we should not count the help you received (food or shelter or both) if the help you received was intended to be a loan.

The information we have shows that you are not fill-in (1) because of the LaBelle case for the following reason(s):

You did not receive a loan of food or shelter because fill-in (2).

Do You Disagree With the Decision?

If you disagree with the decision, you have the right to appeal. A person who hasn't seen this case will look at it. That person will be an Administrative Law Judge. In the rest of our letter we'll call this person an ALJ. The ALJ will correct mistakes and look at any new facts you have before deciding this case. We call this a hearing.

  • You have 60 days to ask for a hearing.

  • The 60 days start the day after you get this letter.

  • You'll have to have a good reason for waiting more than 60 days to ask for a hearing.

  • You have to ask for a hearing in writing. We'll ask you to sign an SSA form HA-501, called “Request for Hearing.” Contact one of our offices if you want help.

How a Hearing Works

A hearing works like this.

  • The ALJ will tell you the time and place for the hearing.

  • The ALJ will explain the law in this case. The ALJ will state the known facts and tell you what has to be decided.

  • You can tell the ALJ why you think we're wrong. You can give the ALJ more facts. And you can bring people to say why you're right.

  • The ALJ can make people come to the hearing and bring important papers. You can question these people at the hearing.

  • We'll ask if you want to go the hearing in person. If you say you want to go, you should attend if at all possible. If you change your mind or if you can't get to the hearing, you should tell us. You should know that your being there may help the ALJ decide the case.

If You Want Help With The Hearing

You may want help from a friend, lawyer or someone else. There are groups that can find you a lawyer. We can give you the names of these groups. Your lawyer may contact the attorney in the LaBelle case, Jacksonville Legal Aid, Inc. The address is 604 Hogan Street, Jacksonville, Florida, 32202.

If You Have Any Questions

If you have any questions, you can call, write or visit any Social Security office. If you call or visit our office, please have this letter with you and ask for (claims representative's name). The telephone number is (xxx) xxx-xxxx.

Also, if you plan to visit an office, you may call ahead to make an appointment. This will help us serve you more quickly when you arrive at the office.

 
(FO Manager's Name)
Manager
 

Fill-ins

1 - Choice 1: eligible to receive SSI payments
  Choice 2: due more SSI payments
2 - Fill in reason no loan was found to exist.