Proskauer Scores Major Pro Bono Victory Against U.S. Social Security Administration in Case involving Outstanding Criminal Warrants
Tuesday, April 06, 2010
- Organization: Proskauer
- Link: http://www.proskauer.com
- Source: Pennsylvania
Proskauer, an international law firm providing a wide variety of legal services to clients worldwide, won a major pro bono victory in the U.S. Court of Appeals for the Second Circuit in collaboration with the National Senior Citizens Law Center and the Urban Justice Center in a case involving the unlawful suspension of Social Security benefits to individuals with outstanding warrants alleging parole or probation violations.
The decision by the Second Circuit in Clark v. Astrue vacated an adverse summary judgment and denial of plaintiffs' cross motion for summary judgment in a putative class action brought by five named plaintiffs who had their benefits suspended based on the existiance of outstanding warrants.
The suit claimed that because a warrant is not sufficient evidence of a parole or probation violation, the SSA’s policy of suspending benefits based solely on the reported existence of such warrants was contrary to the applicable sections of the Social Security Act, which allows for suspension of individuals who are violating probation or parole.
The decision could also have national implications, as it is estimated that more than 100,000 individuals have had their benefits similarly suspended since 2002.
