Economic Security

ACTIVE CASES

Clark v. Astrue (U.S. District Court/Southern District of New York) — A nationwide class going back more than five years has recently been certified in a challenge to the Social Security Administration’s policy of suspending SSI and Social Security benefits whenever an individual had an outstanding arrest warrant for an alleged violation of probation or parole.  Clark v. Astrue, No. 06-15521 (S.D.N.Y., Dec. 2, 2011).  The Second Circuit had already ruled that the SSA policy was unlawful  (Clark v. Astrue, 602 F.3d 140 ).  All that remains now is for the district court to award relief to the class, which plaintiffs estimate to number close to 100,000 people.  Plaintiffs’ counsel is seeking full retroactive reinstatement for class members whose benefits were suspended.

The plaintiff class includes everyone whose Social Security or SSI benefits were suspended or denied on or after October 24, 2006 or who had an overpayment determination based on a probation or parole warrant on or after that date. Many members of the class are destitute and have been without benefits for several years. While the court ruled that individuals who suffered a suspension of benefits and did not protest or seek reinstatement failed to meet the presentment requirement for jurisdiction under the Social Security Act, 42 U.S.C. § 405 (g), it decided that it did have jurisdiction over those individuals under the Mandamus Act and thus included them in the plaintiff class.

NB – The plaintiff class also includes those who had a suspension, denial or overpayment determination prior to October 24, 2006, if they had a pending appeal of that determination on or after October 24, 2006.

Martinez v Astrue (U.S. District Court/Northern District of California) — This action challenged SSA’s interpretation of the Social Security Act provision which restricts payment of persons who are “fleeing to avoid prosecution or custody or confinement after conviction” for a felony. SSA policy is to suspend or deny Social Security, SSI and Special Veterans Benefits benefits anytime there is an outstanding arrest warrant for a felony, regardless whether or not the individual has any knowledge of the criminal charges against them. SSA agreed to a settlement for the 200,000 member class and agreed that after April 1 2009, it would no longer suspend or deny benefits unless it was in relation to an escape, flight escape or flight to avoid. The deadline for implementing the settlement agreement was extended to June 2011 so that the agency could reach more class members.

American Council of the Blind, et al v. Astrue (U.S. District Court/Northern District of California) — The case was brought under Section 504 of the Rehabilitation Act of 1973 on behalf of 3 million blind or visually impaired individuals receiving Social Security or Supplemental Security Income (SSI). A favorable decision led to the Social Security Administration agreeing to provide notices in large print and audio CD formats beginning in 2011.