NSCLC publishes guide to Martinez settlement
The Martinez lawsuit challenged the Social Security Administration’s policy interpreting provisions in the Social Security Act that came to be known as the “fleeing felon” provisions. The “fleeing felon” provisions make ineligible for benefits anyone who is 1) “fleeing to avoid prosecution” for a felony, 2) “fleeing to avoid … custody or confinement after conviction” for a felony, or “violating a condition of probation or parole” for any offense. (Denials based on warrants for alleged violations of probation or parole conditions are not part of Martinez; see page 18 for more information.) This NSCLC document provides guidance to advocates helping Martinez class members claim the full benefits they are due under the settlement.
In addition to abandoning the illegal policy, SSA has agreed to repay more than $700 million in benefitsthat were unlawfully withheld from 80,000 people whose benefits have been suspended or denied since January 1, 2007. People whose benefits were suspended or denied between 2000 and 2006 will be notified of the change in policy and given a chance to re-establish eligibility. All told, over 200,000 people will benefit from the settlement.
To assist advocates who are working with Martinez class members, NSCLC (co-lead counsel in the case) has created the advocate guide, “Understanding the Martinez Settlement.” The guide provides background on the SSA policy and the litigation, summarizes the benefits of the settlement and relays practice tips to advocates.
NSCLC also hosts a listserv for advocates assisting Martinez class members. The listserv provides the latest information about the implementation of the settlement and a forum for discussing with other advocates strategies for serving class members. This listserv is for advocates only. Click here to join.