Dear Class Member:

On April 7, 2003, a final settlement became effective with the Social Security Administration in the class action case of Burden v. Barnhart, EEOC No. 120-99-6378X. The settlement agreement defines the class as all African-American males employed at SSA's Headquarters Office in Baltimore, Maryland, who, on or after January 1, 1987 and prior to January 11, 2002, were not selected or promoted, or were otherwise subjected to disparate treatment in regard to performance appraisals, awards and bonuses, and disciplinary action. The settlement provides for monetary payments to those class members who are eligible pursuant to a formula that is part of the settlement agreement. Based on SSA’s records, you are a class member and may be eligible for a cash award pursuant to the agreement. Please read this entire letter as it explains the formula and your estimated award.

Enclosed in this mailing are: (1) this 3-page letter, (2) a sheet explaining your estimated award, (3) an application for the Oversight Committee and Class Advisory Board, (4) a release form, and (5) the Verification/Correction form. If you are missing any of these documents in your mailing, please contact us immediately.

A. To receive your monetary award under the settlement, please complete the following steps:

1. Review the attached breakdown of the estimated monetary payment you may receive under the settlement agreement. The attachment estimates what you will recover based on information in SSA’s records and the formula used to calculate payments under the agreement. The exact amount each Class Member will receive cannot be exactly calculated at this point because some class members may not want to accept payment or because information in SSA’s records is not complete. The data used to compute your estimated payment came from SSA’s electronic databases as well as information from the class agents in this case. Please check to make sure that the information is correct.

2. If the attachment is correct, you must decide whether you want to accept the monetary relief under the Agreement.

3. To accept the relief, you must sign and return the attached Verification/ Correction and Release Forms within 15 days of your receipt of this letter.

4. If you wish to receive a payment, but disagree with the information in the attachment, complete the Verification/Correction Form, and follow the instructions contained in that form. You must provide a statement explaining your reasons for disagreeing with the information. You must also provide any documentation you have that supports your explanation. Also, you must sign the Release Form and return all materials to Class Counsel within 15 days of your receipt of this letter. Class counsel will evaluate your response, consult with SSA, and make a final determination regarding whether the information you provided is accurate.

5. If you have a pending administrative claim before the EEOC or a pending civil action, please consult with an attorney or with class counsel prior to accepting relief under this agreement. By accepting monetary relief, you may waive your right to continue with any pending claim.

6. You have the right to waive any monetary relief to which you might be entitled to under this agreement. If you waive monetary payment under the agreement, indicate your decision on the Verification/Correction Form and return the form within 15 days. If you waive monetary payment, DO NOT SIGN THE RELEASE FORM. If you waive monetary payment, your share will be redistributed to other eligible Class Members.

7. If you do not respond to this letter, we will make efforts to contact you one additional time. If we are unable to reach you after our second attempt, your award will be reallocated to the remaining Class Members who wish to receive monetary payments. FAILURE TO SEND A RESPONSE TO THE ATTACHED VERIFICATION/ CORRECTION FORM WILL RESULT IN THE LOSS OF YOUR MONETARY AWARD.

B. Distribution Formula For Class Members

Class counsel has estimated the monetary payment to each eligible Class Member based on the following Distribution Formula.

Total Years of Service: The formula provides for $50 for every year of your service at SSA. The first line, second column indicates the value of each “point” awarded for each year of your service. The next column indicates your years of service at SSA until January 2002. The last column indicates the total amount you will likely receive for your years of service under the formula. Members with less than one year of service do not receive any payment for years of service.

Awards: The formula provides that you receive one point for every other year of active service since 1991 until January 11, 2002 in which you did not receive a monetary award. Each point under this section equals approximately $500.

Quality Step Increases (QSI): The formula provides that you receive one point for every other year of service since 1991 until January 11, 2002 in which you did not receive a QSI. Each point equals approximately $686. You are only eligible for points in this category if you were pay grade GS or GM in grades 13 or lower.

Promotions: The formula provides that you are eligible to receive $1,000 if you did not receive at least one promotion since November 21, 1991 and before January 11, 2002 and have 8 or more years of service since November 21, 1991. There is no promotion allocation for class members in salary grade 15.

Suspensions: $100 is awarded to you for each disciplinary suspension action you received since November 21, 1991 and prior to January 11, 2002.

Removal: If you were removed from the federal service between November 21, 1991 and January 11, 2002., you will receive $100.

EEOC Claim: If you filed a formal EEO complaint between November 21, 1991 and January 11, 2002., you will receive ten points for each complaint filed alleging non-selection, and one point for each EEO complaint alleging discrimination other than non-selection. Each point equals approximately $875.

BMFJ Corp. Participation: If you are a member of Black Males for Justice, you will receive a percentage of a pool of $1,000,000 based upon your monetary contributions to the corporation.

Witness List: If you were listed by Class Counsel as a witness for the hearing in this case, you will receive $2000.

BMFJ Board Member/ Officer: If you were a Board Member of BMFJ between November 21, 1991 and January 11, 2002, you will receive $5000 per year serving as a Board Member. Class Member Officers of Black Males for Justice between November 21, 1991 and January 11, 2002 will receive $10,000 per year serving as an Officer.

BMFJ Corp. Fundraiser: Class Member Fundraisers for BMFJ receive $1,000 per year engaged in fundraising between November 21, 1991 and January 11, 2002.

C. Verification/Correction Form

Attached to this letter is a Verification/Correction Form and a sheet estimating the amounts you may receive in each of the categories in the Distribution Formula. Your final award may be greater or lesser than the amount listed on the attached sheet based upon the responses we receive from other class members. Also, there may be other criteria that may affect the amount of your payment. The Settlement Agreement or Distribution Formula may contain other factors that will affect your right to entitlement under the agreement. Please consult our website at http://www.katorparks.com/ssa.htm for further information about the Distribution Formula.

D. Release Form
To accept monetary payment under the Settlement Agreement, you must sign the attached Release Form. If you waive monetary payment under the Settlement Agreement, do not sign the Release Form. If you have a pending administrative claim before the EEOC or a pending civil action, please consult with an attorney or with class counsel prior to signing the Release Form. By signing the Release, you may waive your right to continue with any pending claim.

E. Oversight Committee and Class Advisory Board Application
Enclosed is an application for the Oversight Committee and the Class Advisory Board. If you are interested in applying for these positions, complete and return the enclosed application form. More information regarding the Oversight Committee and Class Advisory Board can be found on our website at: http://www.katorparks.com/ssa.htm.

If you have any concerns, please first review the information on our website. You may also contact us at charris@katorparks.com or by phone at (202) 898-4800 with remaining concerns but please be aware your call or email may not be returned immediately. Thank you for your patience and cooperation.

Sincerely,

KATOR, PARKS & WEISER, PLLC
Class Counsel