EM-11032 Stopping Suspensions and Denials Based Solely on Fed or State Probation or Parole Violation Warrants

>Emergency Message:  EM-11032 Clark Court Case: Stopping Suspensions and Denials Based Solely on Federal or State Probation or Parole Violation Warrants – POMS instructions will follow

On 3/19/2010, the Second Circuit Court of Appeals rendered a decision in Clark v. Astrue, finding that SSA’s practice of relying solely on outstanding probation or parole violation arrest warrants to suspend or deny benefits conflicted with the plain meaning of the Social Security Act. As a result of the decision SSA stopped suspending or denying SSDI and SSI benefits based solely on an outstanding probation or parole violation warrant for individuals who resided in New York, Connecticut, or Vermont.

Upon remand from the Second Circuit on 3/18/2011, the District Court for the Southern District of New York certified a nationwide class in Clark v. Astrue that includes all individuals whose benefits or payments were suspended or denied on or after October 29, 2006. Based on this class certification, SSA  is no longer suspending or denying benefits or payments based solely on a probation or parole violation warrant.

At this time SSA will not take any action to remedy prior suspensions or denials based solely on a probation or parole violation warrant.

Follow the link to read SSA instructions on processing cases with currently outstanding probation or parole violations.