May 11, 2010 By Wallin & Klarich

The Social Security Administration (“SSA”) implemented a policy seeking to prevent people from using government benefits if they are fleeing from arrest. However, rather than trying to seek out individuals who were actually fleeing from prosecution, SSA used a computer matching system that matched names in warrant databases to those at SSA. Unfortunately, many of these suspensions involved false or unproven allegations, minor infractions or long-dormant arrest warrants. Despite the fact that regulations provide for an appeal process, individuals were inaccurately informed that they could not appeal.

Under the new law, the Social Security Administration has stopped suspending or denying benefits due to the mere existence of a warrant. Now, it can suspend or deny benefits based on outstanding felony arrest warrants only for the crimes of (1) flight to avoid prosecution or confinement, (2) escape from custody, or (3) flight-escape.

However, the law does not apply to persons whose benefits were denied or stopped because of an arrest warrant due to a parole or probation violation.

In addition, if your Social Security, Supplemental Security Income (SSI), or Special Veterans Benefits (SVB) were suspended due to a felony arrest warrant, the new law may offer you financial compensation. The Social Security Administration agreed to repay more than $500 million in benefits that were unlawfully withheld from 80,000 people whose benefits have been suspended or denied since January 1, 2007.
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For more information, go to www.wklaw.com and read our California Warrants section. If you have been arrested because the court issued a warrant, it is vital that you immediately contact an experienced criminal defense attorney. At Wallin & Klarich our experienced criminal defense attorneys have been handling warrant cases for more than 30 years and will aggressively represent you. With so much at stake it is essential that you call us today. Call Wallin & Klarich today at (888) 749-0034 to learn more about your legal rights. We will be there when you call.

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