Social Security Administration SSI Class Action Lawsuit Overview:
- Who: Social Security Administration
- What: The Social Security Administration is accused of wrongly docking the supplemental security income of people who relied on the benefits, including parents of foster children and the elderly.
- Where: Nationwide
The Social Security Administration wrongly reduced the benefits of some of society’s most vulnerable people during the pandemic, including people with disabilities, parents of young foster children and the elderly, a new nationwide class action lawsuit alleges.
The class action complaint was filed by multiple plaintiffs against Acting Commissioner of Social Security Kilolo Kijakazi on Sept. 15 in a New York federal court, alleging violations of the constitution and the laws governing federal agencies.
According to the lawsuit, thousands of very low income older adults and people with disabilities were harmed by an “arbitrary and capricious rule change” by the Social Security Administration (SSA) during the COVID-19 pandemic.
“That conduct caused, and is continuing to cause, injury to plaintiffs and the proposed class by wrongfully imposing penalties that have the effect of reducing their benefits, risking harm to their health and safety.”
The lawsuit alleges that on March 17, 2020, SSA closed its offices across the country and suspended some operations, like determining eligibility of Supplemental Security Income (SSI) recipients.
Social Security Offices Closed During the Pandemic Made it Difficult for People to Update and Access Their Social Security Benefits, a New Class Action Claims
Before the pandemic, millions of SSI recipients reported changes in their finances to SSA in person at local field offices, the lawsuit stated. But since offices closed, these SSI recipients have instead been required to report financial changes to SSA solely by phone, fax or mail.
The lawsuit claims this is difficult for many, and even for those who were able to report their financial changes easily, SSA often did not process the updated information for many months.
“As a result of this failure, when SSA later identifies that the recipient was ‘overpaid’ during each of those many months, the recipient faces recoupment going forward—resulting in a meaningful reduction of each month’s benefits,” the class action lawsuit states.
The agency issued an interim rule to deal with the issue, through a no-fault waiver of certain overpayments, however the implementation of the rule is flawed, the lawsuit alleges.
“The arbitrary limitations on the [rules] applicability have resulted in many SSI recipients being assessed overpayments and thus experiencing unfair and improper benefit reductions, causing substantial harm.”
The class action lawsuit alleged the agency has violated the Social Security Act, the Administrative Procedure Act, and the Due Process and Equal Protection guarantees of the Fifth Amendment to the U.S. Constitution.
Plaintiff LaQuana Campos, who lives in Brooklyn with her husband and three children, was told she was overpaid by thousands of dollars by the SSA and had her benefits cut, even though she says the payments should have been covered under the new waiver.
Campos says, as a result, her phone service was cut off, causing her to worry that her children would be unable to reach her in case of an emergency. She says she had panic attacks and struggled to provide even the basics for the family.
Plaintiff Tosha Adams, a 60 year old who looks after two foster children in New York, says she has not received SSI benefits since November 2020.
“Ms. Adams has no money to support herself other than a small amount of Supplemental Nutrition Assistance Program (SNAP) benefits to pay for her food,” the lawsuit says. “She must rely on her adult daughter, who provides Ms. Adams a couple hundred dollars per month to pay for rent and other expenses.”
The plaintiffs are seeking to represent all current and future recipients of Supplemental Security Income who were assessed an overpayment debt between March 2020 and the end of the pandemic.
They’re seeking certification of the class action, an injunction preventing the agency from trying to recoup overpayments, an order forcing the agency to reassess overpayments, plus fees, costs and a jury trial.
Meanwhile, Social Security disability insurance benefits are hugely important to millions of Americans. Indeed, approximately 8.5 million Americans receive disabled-worker benefits from Social Security, along with 1.5 million children of disabled workers and 117,000 spouses. For a comprehensive article on how to apply for social security disability benefits, click here.
What do you think of the allegations in this class action lawsuit? Let us know in the comments!
The plaintiffs are represented by Arnold & Porter Kaye Scholer LLP.
The Social Security COVID-19 Class Action Lawsuit is Campos, et al. v. Kill Kijakazi, Case No. 1:21-cv-05143, in the U.S. District Court Eastern District of New York.
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80 thoughts onSocial Security Agency Wrongly Reduced Benefits During Pandemic, Harming the Most Vulnerable, New Class Action Alleges
During the COVID-19 Pandemic my local social security office my SSI caseworker Cody Herndon hadn’t for two year’s completed any of my personal information update or any of my SSI paperwork. Then, after the COVID-19 pandemic, I started suddenly receiving consective letters that said, I owed a SSI overpayment . I attempted to find an attorney to represent me against Social Security. I’m 66 years old my only income since 2010 was SSI for my disability, I have low income. When, I filed my for my Spousal Retirement they admittedly cut back my SSI income by almost $900.00 then a few months later,
I’m suddenly told I owe SSI overpayment. I couldn’t get an attorney’s office to to take my case against my local Social Security office. I’ve written letter’s to social security administration Commissioner, SSA Inspector General, The SSA Regional Commissioner that over see my local social security administration. I’ve written a Congressman a letter and several other social security administration personnel including the local Social security director manager David Austin and the Superviso. I’ve filed numerous SSA-632-BK and SSA-561-U2 for over a year trying to resolve this SSI overpayment issue. I’ve called left messages for Director manager David Austin and the SSI caseworker Cody Herndon to call me back so, I could discuss this SSI overpayment. No one has ever returned my phone calls. I’ve also haven’t had my local social security office n
respond back to me on several of my SSA-632-BK or SSA-561-U2 forms filed. I received one hateful and misinformation letter from the local Social Security Administration SSI Caseworker. I always respond to each of their letters either by a phone call, letter or sending SSA-632-BK or SSA-561-U2 forms these letter’s or forms were sent by Certified U.S Postal Mail Service. I became suspicious and distrustful of my local social security administration office. I’ve been trying to get this SSI overpayment resolved for over a year now. I have numerous serious health problems this has caused me emotional and mental anguish and hardship. Plus being a senior with disabilities and low income it’s been costly sending numerous documents Certified U.S Postal Mail to social security administration. Currently, I’m still receiving letters from the local Social Security Administration regarding the SSI overpayment. I’ve been told by SSA customer service that my new SSI caseworker was very upset and had frustration that he had to do the past SSI caseworker Cody Herndon neglected two year’s of my SSI case paperwork. The local Social Security Administration customer service told me all these consective letters were arriving due to SSI caseworker not completing my SSI paperwork for the two year’s during the duration of COVID-19 pandemic. During the Pandemic COVID-19 there were several difficulties and health problems and surgeries arise. If there’s possibly an attorney or Senior advocate who reads this, I’d appreciate any information or advice to get this SSI overpayment issue resolved. I’m extremely exhausted dealing for over a year with this local social security administration office and their personnel.
how do i get added to the lawsuit…I had to pay back an overpayment they said i owed and my check got cut down alot over months and there was even months i didnt even get a check..I lost my house and had to move in with someone and they even cut my check more for that…I couldnt believe that was really happing at the worse time ever,,,I really needed the money and they took it…
Please add me to the suit my benefits we suspend and they said it was for overpayment but it was no way because I have not been able to work since 2005
Please add me to the suit my benefits we suspend and they said it was for overpayment but it was no way because I have not been able to work since 2005
SSA terminated my benefits based on incorrect information from LexisNexis. It took two years to fight them to get them to reverse their decision The worst part, I learned from SSA, what they take away, even if they are found to be wrong, and even ordered by Hearing Referees, the SSA/SSi recipient never gets back. That is actually in their OEMS.
I live in Greenwood La I am a 60 year old disabled widow my husband passed two years ago he was a disabled Veteran 100% service connected by social security approved I been disabled since December of 2014 but I started receiving ssdi in 2017 of July my husband became disabled in 2009 I only received 3700 hundred dollars from my own records I had minor children school age in my care I didn’t receive nothing but $186.00 a month I was verbally told by SSA that I didn’t get enough for my children to receive anything and when my husband asked them about me receiving disabled spousal benefits from his records the SSA told him that his income was too high they never sent anything through mail stating what we was told over the phone my husband and I went down to the local SSA Office in Shreveport La and was told the same thing that his income was too high at that time my husband was receiving $1600 a month from SSA for Ssdi and he was also receiving va compensation and $1800 in 2022 before he passed and I’m only receiving $1231 until January 2024 I received $1270 now my husband was 61 when he passed less than two months from retirement age of being 62 and SSA refused to give me information or do an appeal I am being treated less than a human by SSA Office in person and over the phone I can’t any Social Security Attorney to help me I seriously need help with this matter
Please add me…SSDI, NOT once have I received an extra check in 2023. I don’t make enough money to to file taxes. I did get a payment once but it was withdrawn back same day. That’s not fair.
I need help. I need someone with the brass balls to take on Social Security and stop all this corruption. Social Security has been screwing me over for the last two years and it’s getting worse and worse. I am in tears as I write this because I just got off the phone with them. I just started getting $634 a month from them. For the last several years that I have been on Social Security, I have gotten $430 a month. I found out that they have been taking out money from my monthly check for a $3000 overpayment that I have shown them twice I did not owe ! And what really bothers me about this is that I have the wherewithal to question it. What about those that don’t or don’t understand? How much money is Social Security taking away from them and whose pocket is it going into? They are so corrupt and someone needs to expose them right now! God help me!
Yet they keep up with the BS and now they won’t even give me my supplemental security income because I have a part-time job working 12 hours a week – only 12 HOURS! – at $15 an hour. They say that makes me ineligible for supplemental security income. And the guy kept saying it was unearned income. I told him it is not unearned income. Before I became disabled, I worked my whole life and I paid into Social Security. This is my money! He kept saying no it isn’t.
I have $34 in my bank account. That’s it. Merry freaking Christmas. Not in my house. I had a stroke in September and I need to have brain surgery in January. Frankly, I almost hope I don’t wake up from it, but I will pray up until my dying breath that someone stops Social Security employees from screwing over people, and that God punishes the employees that do. This is just so wrong.