Social Security has promulgated rules that prohibit certain people from obtaining Social Security disability benefits.  One such instance is if an applicant is a “fleeing felon.”  An applicant is a fleeing felon if they are “fleeing to avoid prosecution.”  Arguments have been made that Social Security’s definition of a fleeing felon is overly broad.

Some courts, specifically the U.S. Court of Appeals for the Second Circuit, which covers New York, have held that Social Security’s definition of “fleeing” is unlawful.  See Fowlkes v. Adamec, 432 F.3d 90 (2d. Cir. 2005).  In Fowlkes, the Court adopted the criminal definition of “fleeing,” which would require an intent to flee.   The Social Security regulations simply require the presence of an outstanding warrant in order to deprive a person of their benefits. 

The problem with the Social Security’s definition is that some applicants were unaware of the outstanding warrant until they filed for benefits; thus, they never had the intent to flee. They simply were unaware of the warrant for their arrest. 

Fortunately, a nationwide class action law suit was filed in 2008.  In the suit, the class challenged Social Security’s definition of “fleeing” and suggested that it should adopt the Fowlkes definition.  A settlement has since been reached in this class action lawsuit.  The settlement has not been made public at this time, but I will certainly keep this site updated as to the progress in this matter.

2. NEW NOMINEE FOR SSA’S PRINCIPAL DEPUTY COMMISSIONER:

With the change in Administrations comes the change in personal in charge of implementing the Administration’s policies.  President Obama has taken the first step in implementing his administration’s policy at the Social Security Administration.  President Obama has selected Carolyn W. Colvin as his nominee for the Principal Deputy Commissioner. The Principal Deputy Commissioner is the second in command at the Social Security Administration.  Thus, Ms. Colvin is in a position to make a big difference at the Social Security Administration.

Ms. Colvin has experience at the Social Security Administration.  She had previously served more than six years at Social Security under the Clinton Administration.  She was also the Deputy Commissioner for Operations under Commissioner Kenneth Apfel in the late 1980s.

The next step for Ms. Colvin is a confirmation hearing before the Senate Finance Committee.  The Committee will then vote of the recommendation.  The full Senate will then vote on her confirmation.  Ms. Colvin’s extensive experience supports her immediate confirmation. 

Our hope is that Ms. Colvin, if confirmed, will use her extensive experience to correct the problems with the past administration of the Social Security Administration.  Hopefully, Ms. Colvin, if confirmed, will direct her attention at correcting the process and reduce backlog of cases pending before the various Office of Adjudication and Review throughout the country.  It is our belief that President Obama had this issue in mind when he chose Ms. Colvin for this position as her extensive managerial experience is what is needed to clean up the system.

Abrahamsen, Conaboy & Abrahamsen, P.C., a Scranton, Pennsylvania law firm, offers free consultations for personal injury, auto accidents, products liability, workers comp., social security claims and social security disability appeals. If you have been injured or disabled, you probably have questions: Do I have a case?; Who will pay my medical bills?; Should I talk to the insurance company adjuster?; Am I entitled to wage loss or disability benefits? With offices conveniently located in Scranton, Milford, Lords Valley, Stroudsburg, and Mount Pocono, our experienced attorneys can answer your questions and will work to get the benefits and compensation you deserve. No fee unless we recover for you. DON’T GO IT ALONE! Call or E-mail one of our experienced attorneys to learn about your rights.