My employer the Mental Health Project of the Urban Justice Center is one of the nonprofits on this lawsuit.
The Press Release from www.urbanjustice.org
The Social Security Administration (SSA) will repay over $500 million to 80,000 individuals whose benefits were suspended or denied since January 1, 2007, under a nationwide class action settlement which U.S. District Court Judge Claudia Wilken preliminarily approved on August 11, 2009. Many more people who were denied benefits between 2000 and 2006 will also have the chance to re-establish their eligibility. All told, more than 200,000 individuals will receive back benefits and/or have benefits re-instated under this settlement.
The settlement resolves a class action lawsuit challenging SSAâ(TM)s unlawful policy of suspending or denying benefits based on warrant information. The lawsuit, Martinez v. Astrue, disputed SSAâ(TM)s interpretation of a narrowly drawn provision of the Social Security Act, which prohibits payment of benefits to anyone "fleeing to avoid prosecution" for a felony.
Courts across the country have held that the law does not permit SSA to suspend or deny benefits without a finding that the person had the intent to flee. However, SSA had continued to suspend or deny benefits to thousands each month based only on a crude computer matching system using outstanding warrant information.
This unlawful policy has had devastating consequences on the lives of elderly and disabled individuals, many of whom rely upon Social Security benefits as their only income and, without their rightfully due benefits, have been unable to pay for rent or other basic necessities. Moreover, the absence of a functioning appeal system left people without recourse to challenge these denials for years; individuals were routinely and inaccurately told that they could not appeal these decisions, even though an appeals process does in fact exist. This settlement will allow class members â" many of whom have been rendered destitute, homeless, and dependent on relatives and charity â" to rebuild their lives.
A fairness hearing is scheduled to occur September 24, 2009, where Judge Wilken will hear any objections before deciding whether to grant final approval.
Urban Justice Center, National Senior Citizens Law Center, Disability Rights California, Legal Aid Society of San Mateo County and pro bono counsel Munger, Tolles & Olson represent plaintiffs in this class action.
Court documents and relevant materials can be found on this page. For more information, contact Emilia Sicilia.
