Common Questions and Answers Regarding the Settlement Agreement in the Class Action of Burden v. Social Security Administration
Q: I received a letter on Social Security Administration letterhead identifying me as a "potential" class member. Am I a class member under this Settlement Agreement?
A: The class is defined as all African American males who have been employed at any time from 1987 to the present at Social Security Administration headquarters. "Headquarters," for purposes of the settlement, includes the Woodlawn complex, Security West, and Metro West. It does not include OHA Headquarters in Falls Church, Virginia. If you worked as an employee at the Woodlawn complex, Security West, and/or Metro West at any time from 1987 to the present, you are a class member eligible for relief.
Q: Will I receive notice of my rights and responsibilities under the Settlement Agreement?
A: Yes. A notice will be sent to each class member once the Administrative Judge grants preliminary approval of the Settlement Agreement.
Q: When will the notice be sent to me?
A: The Agency will mail notice to all Class Members within 10 business days of the Administrative Judge's approval of the notice concerning entitlement to relief pursuant to the Administrative Judge's Preliminary Approval of the Settlement Agreement. The proposed notice will be drafted jointly by the parties and will be approved by the Administrative Judge. The notice will include a copy of the proposed Settlement Agreement and a statement of each Class Member's right to comment on the fairness of the Settlement Agreement.
Q: When will the money be distributed to the class members?
A: The monetary relief will not be distributed until the Administrative Judge finally approves the settlement. Final approval will not occur until notice of the settlement has been sent to class members and a fairness hearing is held by the Administrative Judge. Although we do not know the precise time frame, it is unlikely that distribution would be made before April 2002. In addition, we must also wait for a letter from IRS concerning any withholdings that must be made before distribution.
Q: How much money will I receive?
A: The money will be distributed pursuant to a formula which is attached to the Settlement Agreement. Exact amounts cannot be calculated until updated personnel data is received. Only class members who were employed after November 21, 1991 will receive monetary relief because of the Civil Rights Act of 1991. In addition, if you served in the SES while at SSA, you will not receive money under the settlement agreement.
Q: How can I have additional questions answered?
A: The attorneys for the class will be meeting with class members to answer questions on various dates at Woodlawn, Security West and Metro West. The dates of the meetings are posted on this website.
Q: How do I ensure that I am a class member?
A: One way is to wait until you receive your Notice in the mail. If you received information in the past from SSA regarding this class action, it is very likely that you will receive the Notice of the Settlement. SSA uses its human resources database to identify the African American males who worked at headquarters at any time from 1987 to the present.
Q: Are temporary promotions considered to be "promotions" for purposes of the formula?
A: No. Only permanent promotions are considered for purposes of the formula.
Q: Are upgrades across a job series considered to be "promotions" for purposes of the formula?
A: No. For example, if all of the Benefit Authorizers were reclassified at a higher grade, it is not considered to be a promotion for purposes of the formula.
Q: How about career ladder promotions? Are they considered promotions for purposes of the formula?
A: Yes.
If you no longer work at SSA and wish to ensure that the agency's database has your current and correct information, we recommend that you contact Mark Anderson at SSA's Office of Civil Rights and Equal Opportunity.
You may also email class counsel at charris@katorparks.com to notify us of your current address. If you have never received information in the past from SSA about the class action and yet you believe you are a class member, contact Mark Anderson at SSA's Office of Civil Rights and Equal Opportunity and/or class counsel.