POMS Reference

DI 425: Court Cases

TN 37 (11-94)

A. Introduction

ODIO associates folder location queries with alert and response form or FO documentation of contact. The package consists of this material together with the form that routes it (if any instructions are necessary) to its destination.

Because of the manner in which SSI couple's claims are housed, a person's claim could be found in the same folder under the SSN of the person's spouse. Title II disabled child and widow/er claims are housed in the folder of the person on whose account the claim was filed.

B. Policy

All efforts to locate prior State of New York claims must be recorded on the “Folder Retrieval Worksheet.” See DI 42594.095, Exhibit 6.

C. Procedure - reviewing query responses

Begin the search for prior State of New York claims by reviewing the queries.

1. SSR/STALE and FACT

Look at the SSIRD(s) and FACT to determine if there is a claim(s) which meets the State of New York class membership criteria (see DI 42594.001).

  1. If there is a title II or title XVI claim, annotate the folder retrieval worksheet with:

    • the date of each application or the alleged onset date;

    • the date of each denial/termination (if it can be ascertained);

    • the basis code for each denial/termination; and

    • “Yes” for State of New York or “No” for non- State of New York .

    NOTE: Only show those claims that were adjudicated after 6/01 /80. In multiple claim cases, the FACT will usually show this information only for the earliest application.

  2. If both the SSIRD and FACT show no record:

    • If there is evidence that the individual had a claim within the State of New York time period - refer everything to the FO for reconstruction (see DI 42594.015A.6.).

    • If there is no such evidence, send the SSN verification notice as described in DI 42594.015A.1.b. Include with the notice a postage-paid, preaddressed evelope (to Office of General Counsel, Correspondence Control Staff, Altmeyer Room 617, 6401 Security Blvd., Baltimore, MD 21235, Attn: Class Action Coordinator). Also, send a copy of the notice and all other material you have to the address shown in DI 42594.015A.1.b.

2. CATS alert

NOTE: If the SSICCS shows NIF, an AR-25 will not be generated. NIF will be shown in the Folder Location Information field on the CATS alert instead.

  1. Assume the folder was destroyed in 09/87 or earlier, if the CATS alert shows NIF.

  2. Annotate the folder retrieval worksheet to show that the folder was destroyed.

3. AR-25

  1. If an AR-25 record exists, review line 5 to determine the location of the folder(s).

FRC SHOWS EXPLANATION
L47 Folder destroyed (see c.)
L0E Folder in SSANRC
L86 Folder in Phila FRC
L88 or 89 Folder in Seattle FRC
L50, L90, J00 Prior search done and folder is lost.
Blank Look at line 8.
  1. Review line 8 - Start with the most recent location and work back.

FIRST LOC SHOWS EXPLANATION
L47 Folder destroyed (see c.)
L0E Folder has been cleared to SSANRC, but not yet receipted in.
Any FO Location Folder should be in that location.
  1. If a subsequent location shows movement but never receipted in, check prior location.

  2. Continue the search if the FRC file shows L47 and there is folder movement data prior to the RCRD EST date on the STALE query.

NOTE: L47 is a systems-generated indicator for destruction. However, the SSANRC does not record any action to notify the system that the folder has actually been destroyed. Therefore, materials which are pertinent to the claim may continue to reside in the SSANRC or another prior location.

D. Procedure - locating Title XVI folders

1. Phone calls/administrative message

Locate Title XVI folders as follows:

  1. Start with the most recent location on line 8 of the AR-25 and work backwards.

  2. Contact each location until all State of New York claims are located or otherwise accounted for, i.e., destroyed, lost, etc.

EXCEPTION: SSANRC cannot be contacted by phone. Folder retrieval requests will be made by Automated Recall (AR-33 - see SM 01201.035) for folders currently reading in L0E, L86, L88, or L89 or by Administrative Message if a special search is requested.

  1. Do not call if the date is 60 days or more prior to the class start date.

  2. Get the name of the person you should follow up with if you do not receive the file.

  3. Agree upon a date that you will follow up before you hang up.

  4. Document the folder retrieval worksheet with the results of each request (see DI 42594.095, Exhibit 6).

  5. Establish follow-up controls, if necessary (see 2. below).

2. Followup requests

  1. Phone Call or Administrative Message Followup Requests

    • After 14 calendar days, if the folder(s) is not received or there is no response to the original request, followup by phone or administrative message.

    • After 7 calendar days, if the folder(s) is not received or there is no response to the second request, follow up by phone with the designated State of New York coordinator.

  2. SSANRC AR-33 Requests

    L00 Location - After 21 calendar days if no folder(s) or unable to locate (UTL,) message is received, proceed as follows:

    • Obtain an SS12 query.

    • Followup by FAX message to SSANRConly if the query does not show that the folder is in transit to the requesting office (MV filed will show a cleared date) or does not show L50 (folder missing in FRC) in CFL field.

    L86, L88 or L89 Location -After 21 calendar days, if no folder(s) or UTL message is received, proceed as follows:

    • Obtain an SS12 query.

    • Do not follow up if the query shows that the folder remains in L86, L88 or L89.

    NOTE: After 45 days, if SSANRC has not cleared the folder, the SSICS automatically generates a UTL message to the requesting office and posts an L50 on the SSICCS. Until then, the folder cannot be considered missing.

    SSANRC Special Search requests

    L00 Location

    L86, L88 or L89 Location -After 21 calendar days, if no folder(s) or UTL message is received, proceed as follows:

    • Obtain an SS12 query.

    • Follow up by FAX message to SSANRC.

3. Documentation

Document the folder retrieval worksheet to show the results of your search.

E. Procedure - locating Title II folders

Locate Title II folders by phone call or administrative message if necessary.

1. Phone call/administrative message

  1. Examine the FACT, ODIO Overnight, and OHAQ. In some cases, it may be necessary to obtain DDSQ and BDIQ to determine the current location of a folder.

  2. Call each office which may have a State of New York claim until all prior claims are located or otherwise accounted for, i.e., destroyed, lost, etc.

    NOTE: The FRC in Suitland, Maryland cannot be contacted by phone. All folder requests must be made through ODIO.

  3. Follow the instructions in D.1.c.-g. above.

2. Follow-up requests

Establish followup controls as shown in D.2.a. above.

3. Documentation

Document the folder retrieval worksheet to show the results of your search.