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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
My ssdi has been reduced every year since 2021 and even stopped because they said I was overpaid. This year they stop my Medicare partb
Please add me to lawsuit
SSA knows that we consumers can not sue them, that is one reason SSA keeps doing such wrongdoing to us…
Consumers have to united make a big power to sue them legal court case,,,
They made mistakes but never say sorry apologize, always with bad bossy terrible attitude seem like we get SSI SSDI from his/her pocket,,,
There has to be lawyers somewhere that have the the guts to take on Social Security! For two years they have been saying I owe them $3000 for back Medicare payments except Medicaid was paying my Medicare payments from the very beginning. And I proved it to them. They apologized and continued to take money out of my check every month and continually accuse me of owing for Medicare premiums. They Omie almost $1000 they took out of my checks. I file a complaint and I get a letter from them saying they suddenly need 91 of my back pay stubs from my part-time job to prove with my income was….. despite the fact that Social Security already has this information on file. Another time they told me some important papers in my file were “apparently lost” and I need to bring new copies. I said can’t I just bring the stuff in and you can make copies of it and they said no they can’t do that. It cost me $61 to make those copies, money I cannot afford to spend. I have the capacity to question them on things. I know are wrong. What about the thousands of people on Social Security disability that don’t have that and don’t have the knowledge to question them on all these back payments that they most likely do not owe? And my second question is, where exact is all this “overpayment” money that they are collecting going? And that is the million dollar question. Whose pockets are these monies going into?
SSA is very bad, super silly! why?
Mar 2020, SSA Flushing NYC sent letter saying SSI overpaid, attached its calculations —
For example: bank account balance $1,211.19
same bank, same account, same balance $1,211.19
However, SSA resulted doubled up balance 2,211.38 (= $1,211.19 + $1,211.19 ) which exceeds $2,000 rule, thus overpaid, debt created, suspend SSI
I told them that is same bank, same account, there is nobody can keeps balance exactly same even with penny at same moment,
It was covid-19, can not bring the bank letters with SSA miscalculation doc at window to show them,,,
Now, SSA opens, i submitted documents at window, SSA kept copies, responded that my bank account is strange, LOL, what a silly, I can not control bank to manipulate monthly statement,, Let SSA call bank directly, SSA refused coz busy,,, whatever,
But SSI suspended till now, too long and it keeps double up bank balance,
then I have to close bank account, otherwise SSA keeps double up balance,,,
I told them SSA system mistakes, they denied saying “SSA system can not be mistaken” what a silly again,,, saying their calculations from Consumer Reports Agency ” Acuity” records,,,
OK, I got all my bank records from Acuiity, spent few days read it carefully, discovered that SSA uses multiple “request ID” to obtain bank balance info on 1st day of each month. That “request ID” made doubles on bank account,,, For example,
one request Id captures balance amount, such as $1,211.19
two request ids used, doubled up balance amount, such as $1,211.19 + $1,211.19 = $2,422.38
three request ids used, triple up balance amount,,, $1,211.19 + $1,211.19 + $1,211.19 = $3,633.57 So on and on same account’s same balance even with penny on same time moment,,, Told that ” look it is one account, look at account number and recorded time! ” Just like a cat watching mirro thinks that there is one more cat in front, and paw panch on mirror ,, what a ridiculous and silly,,, But my SSI suspended till now,,,
I had conference hearing, the 3rd party for it was a SSA staff, they are all from same floor same office, support recover each other, wouldn’t listen to me,,,
Such a terrible silly mistake ssa made on my SSI,
We consumers have to united to sue them BIGGGGG, otherwise, SSA will not listen, improve it,,,
Please add me. Benefits stopped, without justification, claimed I owe over $3900. This is false, agents are rude and fail to provide answers to my questions, when I appealed they never respond. I file complaint they retaliate by stopping benefits.
I’d like to speak with someone. I’ve had my disability since 2004 without any issues. 2019 moved for my husband to report to a new station when he got PCd to San diego for the navy. March 2020 social security put me in review. It’s Almost March 2023 on my 4th ir 5th hearing. My social security was terminated in 2 reviews from 2020 until now i just keep trying to fight it. Last time before I requested another hearing I received mail stating I owed them over $ 4,000 in overpay. I have proof of paperwork I sent that they received, all correspondence through email. One hearing they failed to appear , contacted me the next day to say he overbooked then closed my case saying I didn’t appear to court when the navy let my husband off to be a witness. Then social security says you can’t record theses phone hearings ect. But I’m 200% sure there’s proof of these calls the times and dates. I shouldn’t be forced to pay a lawyer to Keep my disability that I got on over 30 years ago ON MY OWN just so someone can babysit the offices to be sure not to violate my rights or lie on court records. None if these case workers were contactable during this process from 2020 until present during covid.
I need help.
Please add my name to the class action suite. I was a dietary aide at a nursing home that was forced to cook, being certified in food safety, due to the hiring freeze and employee shortage during the state of emergency. I cooked for the year of the Pandemic March 2020 to February 2021. I worked part time prior to the Pandemic only allowed a certain amount of additional income added to my disability. I am a single mother and was forced to be part of the working disabled because I did not earn enough to survive. Social Security has informed me I owe them over $18,000.00 and have not paid me at all in the past 6 months. I did not work full time and only made approximately $300 over my monthly allotment. I literally cooked people their last meal, during a national emergency. I required surgery after the Pandemic due to my own physical excursion. I applaud your desire to help the very people who need the most help….. Sincerely Barbara Donnelly
please put me on this lawsuit I got married during the shut down and tried to tell them but they didnt give me no instructions and now I owe them almost 5000 there taking 91 dollars out of my check for overpayment even I filled out a waiver and they denied me they said it was my fought even though I suffer from mental disabilities
Please add me to this as well my name is Cynthia Ortega of Oroville California I am to suffering of loss of benefits. I have had the same residence for going on 8 years now. I have always been giving the proper amount of income until the pandemic I was cut completely then they confirmed I was owed money back but after the first small sum of money of only 3,364 dollars they decided when giving me a portion even as decided they would give to me in small amounts when they seen fit to that my place of living and arrangements was not good they said they lowered my income for over payment but now they are leaving me at this amount unless I become homeless Wich out of all of it they keep saying the will keep the adjusted amount we’re it is but when they gave me a second allotment they shortened my amount for the monthly due amount after saying it would be the same Wich the next month I got the newly adjusted amount because it wasnt with the next lump sum but they do only now give me enough to pay the rent at 650 dollars and I have to choose to eat or but some soap to wash my body or to turn on my cellular service I only get 846 now with is still not enough I now don’t have to choose between soap or food but I do still have an over due pge bill about to be shut off as it is in the amount of 1,067 dollars due to not being able to go ay during pandemic I feel like they are pocketing our small chump change for themselves and making us take the blame on the billions they allow there employees to steal from us they keep threatening me to be back on payee services so I can’t have control over what is rightfully mine I’ve been on SSDI since I was 16 yrs old with no knowledge or help in offered solution to get to work for the first time in my life my adult hood was stolen by this non- profile organization and don’t know what to do I’ve been missing out on class action lawsuits from miss-imformation on my cell phones I’m unable to any longer go into the office due to them acting superior to me and making me feel afraid and scared of what they will do to me next and afraid for my life that I will end up dead due to they will get angry at me again for asking these questions of why they keep making promises they break and go back and forth when I show them I have all the letters they send they yell at me make me feel so small please someone help us….
Please ADD ME TO THE CLASS ACTION SUITE. I am from LOS ANGELES WHERE THEY THE SSA HAS SHUT OFF MY BENEFITS BECAUSE I GOT AN EIDL LOAN, EDD, and GRANTS FROM THE COVID 19. IT STATES ON THERE OWN WEBSITE THAT ANY RELATED COVID 19 FUNDS THAT WE GET WILL NOT BE COUNTED AS INCOME. GOR 2AND HALF YEARS SINCE COVID 19 LOS ANGELES OFFICES OF THE SSA OFFICES WERE CLOSED UNTIL THE BEGINNING IF 2022 WHEN THEY OPENED AGAIN TO THE PUBLIC I ONLY HAD THE 1 800 NUMBER TO CALL TO REPORT I WAS NOT WORKING ANY LONGER YET TGEY CONTINUED TO CUT MY PAY BY 300.00 a month! I cannot get that money back that they shorted me and they said I owe them thousands of dollars and shut off my benefits I have no money now and I had surgery during Covid 19 for a shattered knee and wrist that resulted from a slip and fall in 2019 that’s why I had stopped working. I called the 1800 number at least 30 times to update that I was no longer working yet they kept the extra 300.00 a month all these years and now I am shut off owing them thousands if dollars please help me
Please add me to this. It has been now two years that I have not received payment. There’s no doubt that I am disabled. However, they stop my payment during the pandemic for substantial gainful activity, but I had no income now my kids and me have an overpayment in the upwards of $40,000 for absolutely no reason, I haven’t worked for 17 years and it just keeps getting worse
Please add me to this. They reduced me. I finally won and learned, too late to file an appeal that they NEVER give back what they already took. Please, please add me.