Focused on class members with open claims
When: August 10, 2017
Hart v. Berryhill (Colvin) is a Social Security and SSI disability class action that challenged the Social Security Administration’s continued use of medical reports from Dr. Frank Chen even after he had been disqualified from performing medical examinations for Social Security because of serious deficiencies in his reports. The settlement, which was approved on April 25, 2017, provides an opportunity for new disability determinations for many class members.
Implementation of the settlement has begun. Social Security mailed the first wave of notices to class members with open claims to inform them of their rights under the settlement in mid-July. A second, larger wave of notices for people whose claims have been closed will likely go out in mid-September.
To help advocates in assisting Hart class members, Justice in Aging is holding a number of trainings on the process of obtaining relief under the settlement. This first training focuses on the first wave of notices that went out in July 2017 to class members with open claims (meaning that there was an active administrative appeal in process on the claim involving the Dr. Chen report, as of April 25, 2017). It briefly reviews the settlement relief for all class members, and then goes into detail about the relief for class members with open claims, and considerations about whether to request relief.
You can read more about the case and the settlement agreement here.
Gerald McIntyre, Special Counsel, Justice in Aging
Trinh Phan, Senior Staff Attorney, Justice in Aging