Overview

About the Settlement of Martinez v. Astrue - Social Security settles lawsuit and agrees that effective April 1 it will no longer deny or stop benefits because of an outstanding warrant in most cases:

Social Security law and regulations say that to deny or stop benefits because of an outstanding felony warrant there has to be a determination that the person is “fleeing” with the specific intent to avoid prosecution or confinement. Disability Rights California joined the National Senior Citizens Law Center, Munger, Tolles & Olson and other organizations in Martinez v. Astrue, a nationwide class action that challenged Social Security’s policy of denying or stopping benefits based on the existence of a warrant alone without also considering whether or not the person was “fleeing.” The change in policy affects those applying for or receiving

• Title II benefits – OASDI or old age (retirement), survivor (widows and dependents including disabled adult children) and disability including SSDI benefits,
• Title VIII benefits – SVB or Special Veterans Benefits,
• Title XVI benefits – SSI or Supplemental Security Income benefits, and
• Those serving as or applying to serve as a representative payees.

In addition to changing its policy going forward, Social Security agreed to provide back benefits to some whether or not they are currently receiving benefits and reinstatement to others who are not currently on benefits. We will post the proposed settlement as soon as it is filed with the court for approval. People will be able to file comments about the proposed settlement before the hearing on approval.

Learn more about the case

• Social Security Settlement of Martinez v. Astrue ...
• Read the in-depth September 26 article in the Wall Street Journal to learn how this amazing case unfolded
• Notice to Class Members about the settlement on Social Security's policy on "fleeing felons" and outstanding arrest warrants
• Information from the National Senior Citizens Law Center at
  - http://www.nsclc.org/
  - http://www.nsclc.org/areas/social-security-ssi/Martinez-Settlement
  - http://www.nsclc.org/areas/social-security-ssi/Martinez-Settlement/Court-Documents/class-notice/at_download/attachment

Press Releases

• Government stops unlawful Social Security suspensions; agrees to repay more than half a billion in back benefits - More than 200,000 people eligible again through court settlement, Urban Justice, August 11, 2009
• Innocent woman caught in Social Security Administration dragnet, loses disability benefits - Nationwide class action lawsuit filed, Disability Rights California, October 11, 2008

Press coverage of lawsuit

• Case Clears Way for Social Security Payments to Quarter-million, Redwood Age
• Ethnic News Media Covers Lawsuit Settlement For Those Wrongly Cut Off from Social Security and SSI Benefits, LAFLA, 4/15/10
• Social Security to repay those wrongfully denied benefits, The Final Call, September 3, 2009
• Social Security to repay those wrongly denied benefits, New America Media, August 12, 2009
• $500-million settlement reached in suspension of Social Security benefits, Los Angeles Times, August 12, 2009
• Social Security Administration to Pay $500 Million in Settlement, The Wall Street Journal, August 12, 2009
• Automated system backfires on Social Security Administration, Imformation Week, August 12, 2009
• Judge backs Social Security benefits settlement, San Francisco Chronicle, August 12, 2009
• Social Security to Pay $500 Million To 80,000 Victims of Database Error, The Washington Post, August 12, 2009
• $500M Gov’t Settlement Could Aid 200K Social Security-Eligible Individuals, ABA Journal, August 11, 2009
• Thousands of California Elders Losing Long-Term Care (video), New America Media, August 10, 2009
• Social Security owes 'fugitives' millions, wsj.com, September 26, 2010

Pleadings

• Notice of Proposed Class Action Settlement and Fairness Hearing Regarding Social Security's Policy on "Fleeing Felons" and Outstanding Arrest Warrants, September 24, 2009
• Order of Judge Claudia Wilkin, August 12, 2009
• Social Security settles lawsuit; in most cases, will no longer deny benefits solely because of outstanding warrants, April 13, 2009

Other Information

• Disability Rights California joined the National Senior Citizens Law Center, Munger, Tolles & Olson and other organizations in bringing this lawsuit