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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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75 thoughts onSocial Security Agency Wrongly Reduced Benefits During Pandemic, Harming the Most Vulnerable, New Class Action Alleges
Please add me
Also notified of 12,000 overpayment
Letter in mail saying reviewing my trial work the next week got letter saying that for a year i was on extended trial and now i owe. Ridiculous. I never would have wanted to have a beautiful program put me in such a deep hole.. why was i not contacted? I reported wages etc. never would chose benefits to continue if there was even a chance I would have to repay them
WHAT ARE YOU WAITING FOR? ANOTHER PANDEMIC? LETS GET GOING ON THIS IT IS HARD ENOUGH TO WATCH THE SOCIAL SECURITY COME UP WITH EVERY EXCUSE UNDER HEAVEN AS TO WHY THEY LET SUCH A HORRID THING HAPPEN TO THE PEOPLE THEY ARE SUPPOSED TO PROTECT AND IF NOT SUPPOSED TO PROTECT JUST HELP….. DAMN!!!
THERE A THOUSANDS OUT THERE THAT PROBABLY DO NOT KNOW THAT IT IS WITHIN THIER RIGHTS AS A HUMAN BEING TO REACH OUT TO AN ATTORNEY TO GET THEM THE HELP THAT THEY DESERVE, AFTER THIS HORRID COVID AND THE PANDEMIC THAT CREPT UP ON US ALL LIKE WHITE FIRE.
THEN ENTER IN….THE CESSATION OF BENEFITS MONGERS..!!!!!! ((((WHAT GREED YOU ALL HAVE)))
.HELL.. WHATS UP WITH THAT…I THERE IS NOTHING RIGHT ABOUT WHAT THEY DID, OR IS IT LEGAL…HOW ABOUT “SUBSTATITIVE DUE PROCESS OF THE LAW” OR HOW ABOUT THIS ONE …”EQUAL PROTECTION OF THE LAW”…MAYBE “SEPARATION OF POWERS” OR HOW ABOUT GOOD OLE’……”TAKING” …NOW THATS A GOOD ONE! …. OR DAMNED OLE “IMPAREMENT OF CONTRACTS”….”PROCEDURAL DUE PROCESS OF THE LAW” HOLY COW!…THAT STANDS OUT SO FAR THAT IT MAKES YOUR EYES TRIP!…MAYBE PEEMTION/SEPARATE POWERS,,,….
ALL THESE VIOLATIONS OF ADIMINSTRATIVE PROSCEDURE ACT!!…, CAUSING MANY MANY MANY, FEDERALLY AND STATE DISABLED BENEFACTORS A HUGE UNGODLY DEPRAVATION OF HEALTH, THIER LIVELYHOODS AND THIER BENEFITS….SOME PROBABLY THIER OWN LIVES!! .ALL DONE …BY GROSSLY NEGLEGENT AND TOTTALLY UNEXPERIENCED UNEDUCATED ROBOT THINKING DESK MONKEYS….((WITH OUT DUE PROCESS OF ANY LAW))..AND YOU KNOW WHO YOU ARE TOO! GET A FIRM GRIP!…YOU AND ALL OF YOU HAVE COST YOUR EMPLOYERS A KAZZILLION UMPTEENMILLION BY YOUR NEGLEGENT ASESSMENTS AND INNABILLITY TO FOLLOW DIRECTIONS DURRING A WORLD WIDE PANDEMIC…..IT IS TOTTALLY AN AMAZING ..BUT OVERLY CONCERNING THOUGHT OF MANY…THAT YOU EVEN GOT UP TO ANSWER YOUR PHONES!, FROM YOUR NEW “”STAY AT HOME JOBS” THAT SEEMINGLY, BY ALL OF YOUR RECORDINGS AND NARRY A CALL BACK..MONKEY BEACHBALL CIRCUS WITH THE DANCING BEARS……”YOURE NEVER THERE ARE YOU?? COURSE NOT!”….IT MORE THAN SADDENS US ALL THAT YOU GET PAID BY OUR STATE GOVERNTMENT …IT TRUELY DOES! MY MY THEY SURE SHOULD TIGHTEN THIER BELTS AND GET BACK TO THE REAL WORLD……. SPEAKING OF WHICH….ITS A WONDER SOME OF YOU EVER FOUND YOUR WAY INTO WORK WHEN YOU HAD A “REAL” JOB ANYWAY!!! DO US ALL A FAVOR AND TAKE YOUR ASSES TO WORK AT WALLMART….. WHERE ITS A LITTLE LESS CRUTIAL TO F@#$ UP SO BADLY AND YOUR NOT MAKING MISTAKES ABOUT YOUR OWN FELLOW COUNTRYMEN AND WOMENS HEALTH AND THE FOR SOME THE ONLY FINANCES AND BENEFITS THEY MIGHT HAVE…….!!
No mention here about how to join this class action lawsuit and I get emails on top class action lawsuits.
They took my benefits and charge me 81 a month for overpayment. Then took my benefits away now they are saying my benefits should not have been taken away but I make too much money to get my benefits back. Me and my family are snuggling just to pay the bills. Add me to the list.
Please add me to this class action case….
I’m a disabled care giver to my 19 year old autistic son. My son not only has a childhood disability but is still attending school for autistic adults….
As soon as he turned 18 a month prior to the pandemic his benefits were cut off….
Yet he met the requirements for continued benefits having a childhood disability and still attending school….
He was denied based on his school not being an accredited school…..
Discriminated against him because his school which is for adults on the spectrum isn’t a Monday thru Friday school but caters to their special needs….
We appealed this when the Covid pandemic began filling out all the requested paperwork even meeting with their doctors…..
11 months in we received a denial of benefits based on “HE LOOKS NORMAL”…..
Never getting his medical records and his case Manager Ms Holland who disappeared for 5 months some how losing all his paper work…..
We are now 17 months into fighting with them in the appeal process when I hear two days ago…..
We have no paper work for him and was told “These things get lost”….
I had to re fax documentation along with receipts of previous faxes sent to Ms Holland…..
To here we are basically starting at square one and have to resubmit his home / health assessment…..
This after receiving a letter stating they’d be making a decision by the 21st of July which is today!!!!!
Not only did they discriminate against my son, his school but they caused him to lose every benefit he was receiving for his care!!!!!
Because now with them denying him he’s viewed as a 19 year old capable of working when my kids been home bound and home schooled for years due to his medical condition!!!!
Please help us.
I am/was on SSDI. I had been self employed since 2006. I paid taxes every year. When Covid hit, I filed for the EIDL loan to supplement my meager $1350/mo SSDI that doesn’t even pay my rent. Within a week of getting the EIDL loan, SSA sent me a letter wanting to see my employment history dating back to 2006, which don’t have records dating back that far. After getting someone to help me with their demand, they determined I owed them $41,000 from 2018 on. I have barely worked since Covid. When talking with the representative, they said my status changed in 2016. When I asked why no one informed me, I was told that was my responsibility. Yet, they had all my tax information from 2006 on as it was documented in their letter. I have never made enough to save a penny everything has gone to rent, food, utilites, etc..I don’t know how at this point they think I can even begin to pay back $41K unless they’re hoping I turn over loan money from EIDL to fill their pockets. They had a responsiblity to inform me of this before it got out of hand. It has left me even thinking suicide at points since they sent the letter. I am also questioning why blind people can make more than me. None of SSA workers have an explanation other than “its policy” so I’m looking into this as a class action for discrimination..it I was able to make what a blind person could make I wouldn’t be in this dilemna.
Please include me in this. I’m going to sue the living shit out of SSI. I’m going to sue them for fraud .. emotional and mental suffering and physical suffering. They supposedly found me ineligible back in 2018/2019 but paid me anyways because of the pandemic and they knew I needed money. There is no letter of benefits cessation in 2018/2019…they have no proof to rely on as far as my drs saying I made medical improvement and i became ineligible for benefits. They overpaid me $7,000 and now they are taking my monthly survival check. They can’t provide proof of a letter of cessation…nor can they provide me the names of the drs who said l made medical improvement. I’m fighting SSI right now and I’m just getting the run around. This NEEDS TO STOP. IM GOING TO DO EVERYTHING IN MY POWER TO DRAG SSI THROUGH PAIN AND SUFFERING.
Affected, getting harassed. Add me please.
Me & my husband divorced in 2001 we had 1 son together, I was the custodial parent he was ordered to pay child support which he didn’t. He moved from Illinois to Florida around 2006 & I would fly my son to see him during summer months. I found out he had filed for disability & claimed our son resided with him which he didn’t. He got his back payment in 2011 & had been receiving his ssdi check along with our son’s until 2014 when an employee with the public aid office informed me that my son should have been receiving a check, then she told me to get to the SSA office immediately to inform them of the situation. I did this, the guy was super rude to me but switched me over to the representative payee for my son who only got his check for 2 years in which he turned 18. Then when the Covid-19 pandemic started I received an overpayment letter demanding I pay them $27,000! My son never received that money his dad did but his dad died in 2018, I’ve submitted all our bank statements, IRS 1099 end of year statements showing the 2 years with the amount of money my son received from SS & they denied my waiver! I filed an appeal sent priority mail 4 months ago & just received 2 letters from them asking if my son & myself wanted to do the hearing with an ALJ by video teleconference or by telephone & if not it could be several months before they can set an in person hearing & that this overpayment will fall on my 24 y/o son!! I tried several times contacting them trying to get in touch with the SSA guy who said he was going to start an investigation which was 2 yrs before my son’s father passed away from drug & alcohol abuse but I could never get to speak with the SSA investigator! Then they waited until my ex passed & started sending letters, calling us & saying their names were Mr Joint or Ms Apple spoke to me like a drill sergeant from Ft Benning Infantry!! This was their mistake, I provided school records, tax statements etc & their still trying to stick this huge overpayment to my son!! I’ve been smelling a rat since I had first contact with them & now I’m suspicious that they took advantage of closing their offices & are trying to bully & scare me & my son into just paying them this money we don’t owe them! I’ll be damned if their going to put a $28,000 debt on my son when his dad was $44,000 in child support arrears, wasn’t there for him due to his addictions & my son’s going to start his adult life after finishing college with their bogus debt put on him!!!! Not happening, I will file appeal after appeal! They are straight up crooks & need stopped!!!
The very unnecesary&devastating actions that the state of Colorado has taken against me&my family, because I filed for disability benefits for me&my 9 year son 2 years ago, will have negative lifelong effects on me& my family.
I agree. The state of Colorado really crossed the line in the way they chose to deal with our family.
The SSA in Redford Michigan is the worst place ever. I receive Widow Benefits. They to option took their slow sweet time processing the approval; then withheld the funds that I was expected to receive in a lump sum and now claiming that I still owe more. I truly believe that they are stealing money from the beneficiaries. I am currently attempting to initiate an investigation against them. The sad part is that they gave me the option to have all overpayments waived due to the Pandemic, but denied it, claiming that I never reported my employment income while receiving SSI payments. These people lie and they are rude as hell.