Ellender v. Schweiker
Decision Date | 17 November 1983 |
Docket Number | No. 82 Civ. 4816 (IBC).,82 Civ. 4816 (IBC). |
Citation | 575 F. Supp. 590 |
Parties | Dorothy ELLENDER, Angela Zamski, James Trowbridge, Lois W. Brunjes, and Verly Smith, individually and on behalf of all others similarly situated, Plaintiffs, v. Richard S. SCHWEIKER, Margaret M. Heckler, as Secretary of the Department of Health and Human Services, John Svahn, and Martha McSteen, individually and as Commissioner of the Social Security Administration, Defendants. |
Court | U.S. District Court — Southern District of New York |
COPYRIGHT MATERIAL OMITTED
John E. Kirklin, The Legal Aid Society, Civil Appeals & Law Reform Unit, New York City, Jeffrey Abrandt, Brooklyn Office of the Elderly, The Legal Aid Society, Brooklyn, N.Y., Eileen P. Sweeney, Bruce M. Fried, Washington, D.C., Toby Golick, Jonathan A. Weiss, Legal Services for the Elderly, New York City, John C. Gray, Jr., Brooklyn Legal Services, Corp. B., Brooklyn, N.Y., Leonard S. Clark, Nassau-Suffolk Law Services Committee, Inc., Bayshore, N.Y., for plaintiffs; Nancy Morawetz, Lester Helfman, New York City, Jane Stevens, Brooklyn, N.Y., E. Anne Hayes, Bayshore, N.Y., of counsel.
Rudolph W. Giuliani, U.S. Atty., S.D. N.Y., New York City, for defendants; Steven E. Obus, Asst. U.S. Atty., New York City, of counsel.
Plaintiffs seek an order for partial summary judgment, pursuant to Rule 57 of the Federal Rules of Civil Procedure, granting declaratory and injunctive relief against defendants' policies and procedures for collecting plaintiffs' alleged debts under the Supplemental Security Income (SSI) program by deductions from benefits due them under the Old Age, Survivors and Disability (OASDI) program. Additionally, plaintiffs seek an order, pursuant to Rule 24(a)(2) or 24(b)(2), to permit Jessie Savage to intervene as a plaintiff in this action. Defendants have cross-moved, pursuant to Rule 56 of the Federal Rules of Civil Procedure, for summary judgment dismissing the complaint.
All of the plaintiffs are current recipients of OASDI benefits under Title II of the Social Security Act, 42 U.S.C. § 401 et seq. In addition, all of the plaintiffs were past recipients of benefits based on old age or disability under the SSI program established by Title XVI of the Social Security Act, 42 U.S.C. § 1381 et seq. According to the Social Security Administration (SSA) records, each plaintiff was overpaid by the SSI program and has not fully repaid such overpayment.
Defendants have devised a special program, known as the Backlogged Debt Management Project (BDMP), for the purpose of collecting from OASDI recipients any overpayments made while they were receiving SSI. More specifically, the BDMP was designed to resolve by collection, waiver or write-off 412,683 SSI overpayment cases in a "deferred" or "delinquent" status, with an approximate value of $214 million. Unlike other SSI beneficiaries who had received overpayments (non-BDMPs), the BDMP group never received any notice advising them of the reason for overpayment or the time period of overpayment.
The BDMP utilizes standardized notices that are sent via mail in an attempt to seek reimbursement and eventual collection of overpaid funds. The initial notice which was not received by all of the class members, the "Supplemental Security Income Notice of Overpayment Action," requests repayment of any overpayments, permits the recipient to authorize withholding of OASDI benefits to repay the SSI overpayment, and recites the rights of the recipient to waiver and appeal. The second notice, Supplemental Security Income Notice of Action to Recover Overpayment hereinafter "For Your Convenience" notice, which for many beneficiaries was the first one received, merely read:
If these notices do not cause the recipient to reimburse the government, subsequent notices are sent. The government's guidelines also provide for telephone and personal contact with the individual to resolve the overpayment.
Although we have emphasized the plight of the class members whose daily lives have been severely affected by the Government's Backlogged Debt Management Project, we are compelled to repeat some of the problems they face:
Ellender v. Schweiker, supra, at 1353-54.
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...448 (1977) (Aid to Families With Dependent Children — Unemployed Fathers Program). However, the court pointed out in Ellender v. Schweiker, 575 F.Supp. 590 (S.D.N.Y.1983), that the power granted to Congress to prescribe Medi-caid standards, 42 U.S.C. § 1396a(a)(17)(B), must be distinguished......
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