Waiting to Exhale: “When will I get my money from the Clark vs. Astrue settlement?” update
On February 25, 2013, many of you may have received a letter from the Social Security Administration informing you that you may be a potential member of the “Clark vs. Astrue” Class Action lawsuit.
If you visit the Social Security Administration website, you would have read this statement:
“Notice Of Final Relief Order In Clark Court Case
A Federal District Court has ordered relief to resolve the nationwide class action of Clark vs. Astrue. Most class members received an initial agency determination on or after October 24, 2006 either 1) not to pay OASDI or SSI benefits or 2) assessing an overpayment. All the determinations were based on a reportedly outstanding parole or probation violation warrant. In addition, individuals with pending appeals of such determinations on October 24, 2006, are class members. To end the lawsuit, the court ordered SSA not to use the nonpayment practice again. It also ordered SSA to reinstate unpaid benefits to class members. Further, it ordered SSA to repay any such benefits that had been recovered as overpayments. More details are at the links below.”
As a result of this class action, many of you have asked the all, important question: “When am I going to get my money?”
It is important to understand the decision of Clark v. Astrue may affect over 140,000 class members. As such, Social Security Administration must take every effort to ensure the processing of this situation is done in an effective and efficient manner. With that in mind, here are a few points you need to know:
1) Only the SOCIAL SECURITY ADMINISTRATION can tell you how long it’s going to be!
Unfortunately, no attorney or representative can tell you precisely how long it’s going to be. The Social Security Administration is the best and ONLY source of reliable of information to get your questions answered.
2) The Social Security Administration has to determine who is eligible to receive any monies.
Just because you received a letter saying you ‘may’ be a member of the class, doesn’t mean you are a member of the class. SSA has to make that determination in order to ensure they are calculating the benefits properly.
3) The Social Security Administration will tell you what you need to know IN WRITING!
The Social Security Administration is very efficient about providing written documentation regarding any entitlements or changes in your benefits. Whatever happens, you will receive a copy in writing.
Your best resource to get all of your answers is the Social Security Administration. If you contact your local office, ask to speak with a supervisor and take a copy of your letter. The government is not trying to hide information from you. SSA just needs to time to correct the situation accordingly.