Update on Clark v. Astrue

From Jennifer Parish of UrbanJustice.org:

As many of you already know, the U.S. Court of Appeals for the Second Circuit recently ruled in Clark v. Astrue that an outstanding warrant is not sufficient evidence that a Social Security beneficiary is violating probation or parole.  Currently the decision affects only the named plaintiffs in Clark, but we hope to have a nationwide class certified.  If you represent anyone whose benefits have been suspended because of an outstanding warrant for probation or parole, please be sure to appeal the suspension (in addition to any other advocacy efforts, such as requesting a good cause exception or trying to get the warrant vacated).  NSCLC, Urban Justice Center, and Proskauer LLP represent the plaintiffs. 

Comments

[Joseph Johns]

I am concerned action may be too late as they are continuing a prior suspension of my dad's benefits on a code 5012. He is currently in pain and cannot get medical treatment because he cannot pay for medical insurance due to his benefits being cut since 2008. We fear he might be developing colon cancer. My family has filed appeals and reconsideration and mentioned Clark V.Astrue in them but our pleas have come to no avail as they request for us to file a waver and basically admit they were in the right even-though a federal court has ruled against the practice. Is there anything else I can do before it is too late? I fear how slow things are moving it might already be too late for him if he in fact does have cancer.

[Patti Dudek]

I am so sorry to hear this. Have you applied for Medicaid for him? What state are you in?

[Tex Hamilton]

Since Clark v Astrue was class certified last year I have not been contacted by social security about benefits denied while I was on a probation violation from June, 2006. Evidently s/s has not issued POMS to their field offices so they can pay out past benefits denied although it appears they have stopped denying benefits for new cases. What does the court have to do with s/s since this case has been class certified? Is it up to the court to make a ruling or is s/s able to issue POMS instructions? Tex Hamilton, California

[Joseph Johns]

He basically lost his medicare as a consequence of his SS was suspended. Before he got suspended he was scheduled for a Colostomy which probably would have caught whatever is causing his pain early but when he got cut he couldn't get it. Now it has been nearly 4 years since he was suppose to go to that appointment.

I am located in South Carolina where I live with him.

As for his other information the warrant was 35 years old and was brought up in 2008 for an alleged probation violation from 1970's. He had since got a driver's license and passed many background checks with no warrant ever coming up for his arrest from the 70's up til now.

Whatever happens I think I have just cause to sue the administration for more than what they took for us. They could make it much easier on themselves if they would end prior suspensions immediately. I'm ok with waiting a few months for an actual settlement but continuing the suspensions in my opinion is really dumb and going to hurt more innocent people and the administration in the long run.

I appreciate your time and effort in helping me out because the people in their office sure haven't done anything but act like Clark V. Astrue doesn't exist.

[Joseph Johns]

He was on SC medicare at the time of the suspension but as a result of the suspension his medicare protection evaporated as well for some reason. We live in Aiken SC.

The warrant against him was a 35 year old probation warrant issued in Hillsborough County Florida. All these years he has passed several background checks from DNR and DMV and never had a warrant show up. I was very amazed that all the sudden in 2008 this warrant showed up. We had the warrant dropped but even after that they still are forcing him to pay them back.

[Patti Dudek]

Did you appeal this?

[Joseph Johns]

Yes and most recent appeal was in November it came to no avail we even mentioned Clark V. Astrue in it and they tried to tell us to filer a waiver instead basically admitting their illegal suspension was right.

[Frederick Smith]

social security still collecting a overpayment and I am part of the class. I have since gone and taken care of the warrant and since theres no warrant they are withholding my current payments to recover overpayments and say they continue to do so until clark v astrue gets settled in court

[jon]

As a result of the monroe county jail refusing to treat
ananymous with the medications the individual had been prescribed at the time of incarceration
The facility doctor told him and I quote " you are in jail you deserve to be depressed "
and was subsequently denied his medications.Which led to manic episodes with psychotic features and the defendant
having not been in a clear state of mind would have said anything the court wanted to hear
in order to get back on his medications amd his right to freedom.
He has been subjected to unconstitutional cruel and unusual punishment.
And that jail officials we're violating the right to due process of law.
As well as the Americans With Disabilities Act.
In this particular case there was no evidence of wrongdoing.The individuals Miranda rights had never been
read to him until a year later once he had been arrested for the alleged crime of "Attempt to purchase"
And as a result would have led to a not guilty verdict.Had the individual
been able to think clearly.He would have been able to prove the case beyond a reasonable doubt.
The individual in question most certainly would have been found not guilty.
what are your thoughts on that subject and is this a grounds for a possible retrial ?

[Patti Dudek]

I am not a criminal defense attorney - but certainly sounds like it is worth a shot! Good Luck and let me know how it goes.

[Tex Hamilton]

Has anybody heard if social security has issued the appropriate POMS (Programs Operations Manuals System)instructions to it's field offices so they can issue payment to all of us that the Clark v Astrue class action applies to? The last I heard was the court certifying the class action had to issue instructions to social security as to implentation. This now is going on ten months and no action. Let me know what you know. Thanks, Tex Hamilton

[Nicole]

Hello, I was inquiring in reference to the recent order for the Clarke V Astrue case in which a relief order was issued in A New York court on 4/13/2012. Can you clarify this order for those who may be a potential Class Member in this case. And also do you know if the retro-activity for the overpayment is just back to 10/24/2006, or will it include "any" overpayment collected for alleged Probation violation? Thank you in advance.

[Harold Rawlinson]

Patti anything more recent than April of 2012? I was under the impression that ssa was required to post a notice on their site no later than 30 days after the 4/13 ruling

[Bonnie Goins]

On April 13, 2012 the court in Clark v Astrue ordered that Social Security pay all back restitution and reinstate benefits for all those in the class. They are given 60 days to prepare a plan for court approval of how to implement the order. After their plan is known, we will have options to work with in getting our benefits restored but until then, field offices are under order to do nothing.

Here is the actual document from the court:

http://www.nsclc.org/wp-content/uploads/2012/04/Clark-Order-PDF.pdf

[Frederick Smith]

SSA has submitted its plan to start paying back class members starting April 2013 and gradually getting to everyone by March 2014

[William Sanders]

Whene will back pay comence.I lost benefits for social security based on a warrant.Irecisved a notice from SSA in ,based on the Clark V. Astrue ..December 11Th 2012

[Patricia Dudek]

I have no idea , you should call them and ask and keep calling and writing every day until you get an answer. Good luck and please keep us posted!

[heleneclark]

to those of concern astru vrs clark my husband had been recieving ssi/ssdi and was stoped in oct 2006 to the present march2013 he had an old warrent out of state that should been taken care no fault on our part he has been given restitutuion of all backpays and his payments have commenced as of this date social securityu can not with hold any payments to any one due t o such matters so to encourage those still waiting it will take place very shortly usally with in a week after you recieve that letter stating astru vrs clark Goodluck !

[Patti Dudek]

We appreciate you sharing this helpful information

[Jaye]

I received the letter in January 2013. I went to the local office and they began the process to get my monthly SSDI benefits started ASAP. They updated my banking information, which was from Oct. 2008 (my last monthly payment). On Feb. 1 2013 I received my 1st monthly benefit since 2008. I was told the back payments is being handled by a certain processing center and I need to give them at least 90 days to process the information. However, they deleted my $9,000 overpayment already with no letter of explanation. My March payment was deposited as normal. So now I am just waiting on the back payments.

[Patti Dudek]

It is never easy right? Hang in there & keep us posted!!

[Abbie Paul]

To all: i received a letter in December and also the begin of April and contacted my ssa branch and they said i should know something by the beginning of April on my back pay and if i didn't hear from them by then to start calling them back. Also mine was a probation warrant from 2007 and i love in east Texas. Thank you.

[Brian Cervera]

I received a letter dated 2/25/2013 from SSI. Regarding a court case called Clark v.Astrue.It explained that I was a class member. Because of my SSI benefits being suspended April 2010. At that time I was patient in a Convalescent Hospital. I was Recovering from Hiv/Aids related surgery illness. I remained a patient there for a year. Undergoing physical therapy and I.V treatments. I was approved for permanent disability, and did received benefits for six months. For reason of failure to report the parole dept. A warrant was issued. which cause a Interruption of Benifits. Am I entitled, SSI Reinstatement , Benifits payments of 3 years? Should I now apply for medicare?I am in Los Angeles CA

[Patti Dudek]

I think he is confusing SSI & SSDI
SSI comes with Medicaid in lots of states; SSDI comes with Medicare after getting cash benefits for 24 months in all states.

[andrea]

I am a member of the clark v astrue case. Ssa back payed me but put it towards my overpayment i got when i was receiving checks while i had a warrant. I need a lawyer
Im in dallad tx.