Tuesday, June 14, 2011

SSA Announces Policy Change on Probation/Parole Warrants

Following decisions in a Second Circuit appeal and to certify a class in a New York district court suit the Social Security Administration (SSA) has issued instructions stating effective immediately it will no longer stop or deny SS/SSI benefits based solely on probation or parole violation warrants.

SSA issued this Emergency Message EM-11032 on 5/9/2011 to field offices and ALJ's explaining the new policy https://secure.ssa.gov/apps10/public/reference.nsf/links/05092011035242PM

According to Gerald McIntyre at the National Senior Citizens Law Center (NSCLC) "all cases at any stage of the administrative appeals process must be decided based on these new instructions." The court has not yet determined what relief it will order for the class members in Clark v. Astrue.

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