Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.
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.
Don’t Miss Out!
Check out our list of Class Action Lawsuits and Class Action Settlements you may qualify to join!
Read About More Class Action Lawsuits & Class Action Settlements:
- Airport Store Operator Negligence Caused Huge Damages in 2020 Hack, Class Action Lawsuit Alleges
- T-Mobile Slapped With Another Class Action Lawsuit Alleging Data of 100 Million Customers was Stolen and Sold for Bitcoin
- How to Apply for Social Security Disability Benefits
- Uber Versus Lyft: Which One is Safer?
Honda, Hyundai, Kia, Subaru vehicle data collection class action lawsuit investigation
May 17, 2024 | Legal News
75 thoughts onSocial Security Agency Wrongly Reduced Benefits During Pandemic, Harming the Most Vulnerable, New Class Action Alleges
I too have been wrongfully cut off my disability payments. I am being told I owe 57000.00. That I worked over the allowed limit. In 2018. Cut off Oct 2021 payment. Took original check stubs in and SSD said they have no paperwork. Please add me to the law suit. Ogden Utah.
Please put the State of Washington Dept. Of Determination Servies and all of the Unqualified Unlicenced AND grossley NEGLEGENT people they staff Our Federal Govenment social security offices with too…It is a MUST DO! This crap must stop imeadiately!!! They are funding their Welfare cases under the Federal Treasury… the same place that holds the funding for claims like S.S.D.I. AND SOCIAL SECURITY…that we have paid into for years….
They kick Ssdi claimants which are federal and under an insurance policy so to speak that the individual has paid for over thier lifetime totally OFF AND OUT OF thier benefits durring covid lockdowns…Just to fund some persons on their state welfare program that applied for state disability that are completely unaware that they even have checks piling up at the downtown U.S.P.S “GENERAL DELIVERY ” MAILBOX IN THEIR NAME!! They have been doing this for months if not years… Damn.. I had to wait 5 years and also stand before a Federal Court Judge to recieve my Federal S.S.D.I PAYMENTS AND INSURANCE!!! yet the State of Washington disability determination services contracted out by our social security office IN OLYMPIA WA. is handing out disability checks to people who are not even disabled nor did they pay into the funds they are handing out to their state wards like candy.. Am i seeing things… are they denying totally disabled people on S.S.DI. and people who have been disabled for years on ssdi through the STATES review process….just to be able to put more people on welfare benefits…and some that are totally unaware that they had any coming to them… someone HAS TO AUDIT THIS DEPARTMENT RIGHT AWAY…Washington State Disability Determination and Review offices in Olympia Washignton!!! And Hurry please…!!!
My name Is Arthur. today is my birthday. I have been on disability since I was 3 years old. Social security recently told me they are taking 174.10 from my check claiming the social services office stopped paying my part b premium but I spoke to my social services worker who stated that it is still being paid by them. Social security is stealing my money. This all started after the medicaid office mixed up paperwork and forgot to send the monthly part b premium payment to social security to send to the Medicare office. After it was fixed social security told me on a recorded telephonic conference call with a lady named Julie from the Medicare office that supposedly they sent me a letter back in July I never received claiming they over paid me by 600 dollars. I never received an overpayment of 600 dollars and my finance manager from Chase mortgage verified this when we say down and went through my records. Social security is preying upon those who are disabled, using the covid-19 pandemic as a platform to discriminate against us who are disabled. Because our money comes from the United States Treasury, by stealing our money they are coming a class a Federal felony. By discriminating against us claiming they over paid us when they did not ( verified by my bank) they are causing myself and many other disabled individuals and family’s to suffer injustice and hardships and a slew of emotions ranging from anger, fear, sadness and distress which is the text book definition of emotional abuse, which is in violation of the United States Americans with disabilities act. The abuse and the theft if our federal disability funds by social security needs to be addressed. In accordance with the United States constitution I plead my case to be included in the law suit against the social security administration. They have caused me to be unable to pay my electric and internet bills and unable to afford my health medications I just take to keep myself health because I was born autistic ( Asperger’s syndrome is what I have) and with a major thyroid problem called hypothyroidism which requires me to take severe medications to sustain my health. Now I cannot afford them. I have no family left alive, no friends and companies like the salvation army are turning people away claiming they have no funds. Social security is commiting atrocious crimes against people with disabilities and we deserve justice for what their doing to us.
I just recently did a predetermination to see if I still qualify for SSI. My SSI was reduced by more than $480.00. I have not yet received a letter from the agent that did my case explaining the changes. All I know is that he told me during the interview that I had not reported that I had gotten Married, which I did report many months ago within 7 days of your marriage. I live on Pensacola Florida and the SS Office hear is really terrible. Please include me on this lawsuit. Thanks.
My benefit was suspended for not going to a review of my disability I never saw a doctor to be determined no longer eligible they took benefit from me after deduction for child support from my last known payee and have been not keeping the books right as far as owed child support payments go I’m deducted before I get benefits meaning I’m not responsible for the books although I believe I can account for it by showing deduction and what happened to me by records for medical housing and what happened to me after and before pandemic
The same thing happened to George james they sent him a check for under payment then they cut his check off for over payment and then they start it back at a short of amount they did wrong in the off
I was involuntarily displaced due to a bogus overpayment. I have mobility issues and congenital heart failure and have been forced out into the streets. Homeless with my dependent son who is Autistic. My SSI was reduced significantly over a year ago. I filed an appeal and SSA won’t answer the phone, or hangs up on me during mid-conversation. Over a year! Please help.
$18,000 was deposited in my direct express account on Feb 12, 2021 and according to Direct Express SSA agreed that any deposit made would be verified accurate and confirmed before depositing. according records held by the SSA a benefit adjustment was made and a deposit was made.
The deposit was made on Feb 12, 2021 and a overpayment notice was made on or about February 29th 2021 but I never received an overpayment notice by mail because I was taking care of dying friend at a local motel where I used the money to feed and house ourselves and others (to pay for our rooms and eat ) at Hi Way Inn in Hugo Oklahoma during and after a winter storm. I also donated money to my Brothers place a homeless shelter to help house the homeless after the storm cause their water lines to bust along beside the Choctaw Nation of Oklahoma and Choctaw County Emergency management before learning motel staff was embezzling most of the money which resulted in a complete termination of all staff. Needless to say we all got sick and/ and my long life friend died a short time later. My benefits were suspended entirely on May 3 2021 to date
I wasn’t on SSI the money I get is SSDI (money I paid in) before I became permanently disabled and, because I have nothing left after my home recently burned and no one else to call I called the SSA aaking for a waiver on the remaining balance after already paying back $10,000 and all they could do is say “I already admitted that I knew the money wasn’t mine (how am I supposed to know anything) is was their adjustments not mine (I just wait for a monthly deposit. Now I have no home, nor transportation. I’m tired. And I need help
SS has deducted $171 per month for Medicaid without our permission or consent. That’s $4,000/year for the last 10 years. We have been paying Kaiser Permanente for the same Medicaid Insurance which is a double payment costing me approx. $40,000!!! They just did it and mentioned it in the fine print. That is $342/month that a couple of 76 year olds could really use.
SS has deducted $171 per month for Medicaid without our permission or consent. That’s $4,000/year for the last 10 years. We have been paying Kaiser Permanente for the same Medicaid Insurance which is a double payment costing me approx. $40,000!!! They just did it and mentioned it in the fine print. That is $342/month that a couple of 76 year olds could really use.