NSCLC Files Class-Action Challenge of SSA's 'Fleeing' Penalty
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NSCLC's latest class action lawsuit was filed on behalf of thousands of Social Security beneficiaries whose benefits have been illegally cut due to SSA's "fleeing felon" penalty.
NSCLC has filed a class-action lawsuit challenging the Social Security Administration's policy on behalf of Rosa Martinez and thousands of others who are losing the benefits they count on for survival. Ms. Martinez, 52, from Redwood City, CA had received a notice from the Social Security Administration informing her that she was losing her only source of income — her $870-a-month disability benefit — because of a 1980 arrest warrant for a drug offense in Miami, Florida. Ms. Martinez has never been to Miami, never been arrested and never used illegal drugs.
Unfortunately, Ms. Martinez is not alone. She is one of more than 100,000 elderly and disabled Americans who have lost their Social Security and SSI retirement and disability benefits because of an arbitrary and unlawful Social Security Administration policy.
SSA claims to be applying a 1996 law which prohibits payment of benefits to people who are “fleeing to avoid prosecution” for a felony. Yet the Social Security Administration makes no attempt to determine if the individual is actually fleeing or even knows that criminal charges are pending.
Numerous individuals have challenged the policy in court, and each time courts have ruled that the policy is unlawful and ordered reinstatement of benefits of the disabled and elderly beneficiaries. Yet SSA continues to apply this policy without regard to the court rulings. This class action filing is the first attempt to end the policy altogether.
Media Coverage
KCBS: Redwood City Woman Sues Social Security Admin (Oct. 16, 2008)
San Mateo Daily News: Lawsuit seeks Social Security fix (Oct. 17, 2008) *site registration required
Related Materials
Read a press release about the case
More on the "Fugitive Felon" Penalty
