Economic Security

ACTIVE CASES

Clark v. Astrue  – As many as 140,000 Americans nationwide will get their Social Security or Supplemental Security Income (SSI) benefits restored as a result of an order issued by Judge Sidney H. Stein in a federal court in Manhattan on April 13, 2012. The benefits in question date back to October 2006 and may total $1 billion.

The Social Security Administration  filed the outlines of its implementation plan with the court on June 12, 2012.

The order is the culmination of more than five years of litigation in Clark v. Astrue – Docket No. 06-15521 (S.D.N.Y.) – a case brought against the U.S. Social Security Administration (SSA) challenging its practice of relying exclusively on outstanding probation and parole warrants as sufficient evidence as a basis for denying them benefits.

FOR CONSUMERS: READ ABOUT THE IMPLEMENTATION PLAN

READ THE PRESS RELEASE

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.

• Clark v Astrue Court Order Restoring Benefits
  As many as 140,000 Americans nationwide will get their Social Security or Supplemental Security Income (SSI) benefits restored as a result of an order issed by Judge Sidney H. Stein in a federal court in Manhattan April 13, 2012. READ THE ORDER



• Clark v. Astrue: Nationwide Class Certified
  NATIONWIDE CLASS CERTIFIED IN SSA PROBATION/PAROLE CASE A court in New York has certified a nationwide class in a successful challenge to the Social Security Administration’s policy of suspending or denying Social Security and Supplemental Security ...



• ACB v Astrue: Standard Print Notice Not Sufficient for Blind & Visually Impaired
  Some 3 million blind and visually impaired Social Security beneficiaries -- two thirds over age 80 -- are entitled to receive notices about their benefits in Braille or on a Microsoft CD thanks to a successful lawsuit. However, some 80% of those in the...



• Clark v Astrue: Plaintiffs Move for Class Certification in SSA Probation Case
  Plaintiffs have moved for certification of a nationwide class in Clark v. Astrue, (06-cv-15521 SHS, SDNY). the action challenging the Social Security Administration’s (SSA) policy of suspending or denying Social Security and Supplemental Security In...



• Clark v Astrue: Court of Appeals Rules SSA Policy on Probation/Parole Violators Unlawful
  The U.S. Court of Appeals for the Second Circuit has ruled that the Social Security Administration’s (SSA) policy of suspending Social Security and Supplemental Security Income (SSI) benefits whenever someone has an outstanding warrant for an alleged...



• SSA Ordered to Offer Blind & Visually Impaired Beneficiaries an Alternative to Standard Print Notices
  A district judge in California has issued a final judgment in a nationwide class action requiring that the Social Security Administration (SSA) offer blind or visually impaired individuals the option of receiving notices and other communications in alt...



• ACB v Astrue: Class Certification Notice for Consumers
  American Council of the Blind v. Astrue, Case No. 05-04696 (N.D. Cal. Oct. 3, 2008). Updated 10/22/08.  Notice for consumers.  



• Press Release: Martinez v. Astrue
  Gerald McIntyre, National Senior Citizens Law Center, Phone (213) 674-2900 David Fry, Munger, Tolles & Olson, LLP ,(415) 512-4082 Emilia Sicilia, Urban Justice Center, (646) 602-5668 INNOCENT WOMAN  CAUGHT IN SOCIAL SECURITY ADMINISTRATION DRAG...