Saturday, May 12, 2012

Court Ruling Restores Benefits to Those with Certain Arrest Warrants

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May 09, 2012 /24-7PressRelease/ -- A new federal ruling will enable individuals with certain kinds of outstanding arrest warrants to have their Social Security Disability benefits restored. The new rule may apply to as many as 100,000 individuals.

In 2010, the New York Second Court of Appeals instructed the Social Security Administration to cease its practice of denying or suspending benefits to those with outstanding arrest warrants for probation or parole violations. At the time, the ruling only applied to individuals residing in New York, Connecticut and Vermont. Now, the court has certified a nationwide class for the ruling, which practically extends its reach to the rest of the country.

The ruling does not apply to all outstanding warrants, but only to a few offense codes which reference certain probation and parole violations. Affected codes include:
- 5011: Parole Violation
- 5012: Probation Violation
- 8101: Juvenile Parole Violation
- 8102: Juvenile Probation Violation
- 9999 or Blank: Offense Charge Symbol of Parole or Probation Violation

The new ruling restores Social Security Disability benefits eligibility to recipients with outstanding warrants in these categories and will require the Social Security Administration to award benefits to those whose applications have been denied because of these warrants.

The National Senior Citizens Law Center, a seniors advocacy group, believes that many affected by the ruling are low-income individuals who were forced into destitution after their benefits were suspended or denied, despite worsening medical conditions that necessitated the financial support Social Security benefits are intended to provide. Now these individuals will have old benefits reinstated or denied applications approved.

The Social Security Administration provides two kinds of benefits to those that are too disabled to work. Supplemental Security Income provides need-based support to those who are permanently disabled, blind or aged and can be used to meet basic needs like shelter, food and clothing. Social Security Disability Insurance is available to workers who have paid into the system before becoming permanently disabled. Often, these benefits are lifelines for individuals who are unable to earn an income.

If you or a loved one has been denied benefits due to an outstanding warrant, contact an experienced disability attorney who can help you determine if you are currently eligible for Social Security benefits.

Article provided by Olinsky Law Group
Visit us at www.windisability.com

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