A home saved in Ogden

ULS client JM had been receiving Social Security Disability Insurance (SSDI) benefits for several years.  In December 2008, the Social Security Administration (SSA) suspended his benefits due to a 25 year old outstanding warrant in the state of Florida.  Sue Crisler of the ULS Ogden office tried to get the officials in Florida to release the warrant, but they would have no part of it.  The detective’s response was, “Tell him to come down here and take care of it.”  Sue explained to the detective that JM had no money and no way to get there and, in fact, was about to lose his home since his benefits had been suspended.  He wouldn’t budge. 

Research revealed a settlement in the class-action lawsuit, Martinez v. Astrue, in which SSA agreed not to suspend, deny, or terminate benefits based on an outstanding warrant as long as it wasn’t for escape or flight to avoid prosecution.  Sue obtained verbal confirmation from the detective in Florida that JM’s warrant was not for either escape or fleeing to avoid prosecution, but getting something in writing from them was another story.  Debbie Moss, working from the Ogden courthouse office, used her “connections” to have Judge West intervene and make a formal request for the written information. 

Once received, that information was submitted to the Ogden SSA office along with documentation about the settlement.  Unfortunately, no one in that office was aware of this class-action settlement.  A representative of the local SSA office contacted SSA’s regional office in Denver for information and subsequently determined that JM in fact qualified as part of that class action suit and would be put on a list of qualifying claimants.  Then it was a matter of waiting until the court approved payments to resume under the settlement.

Finally, in February 2010, JM was put back in pay status and his back pay of $9,347 was released.  This payment came just in the nick of time, as JM's mortgage had just been turned over to an attorney for foreclosure proceedings.