Settlement In Class Action

The Social Security Administration has sent out a notice of settlement in the Kaplan v. Chertoff class action lawsuit. The lawsuit has to do with the seven year limit on receiving Supplemental Security Income (SSI) for non-citizens. The problem has been with non-citizens losing SSI benefits because of long delays in processing applications for naturalization.

Here is part of Social Security's description of the settlement:

The key terms of the settlement agreement provide that any class member may request Expedited Processing from the United States Citizenship and Immigration Service (“USCIS”) for pending applications for naturalization or adjustment of status, or for future applications for naturalization or adjustment of status filed during the pendency of the Settlement Agreement, if six months have elapsed since the filing of the pertinent application without a decision. USCIS will request priority processing of any pending or future security checks and provide the earliest available appointment for applications requiring an appointment. If an Oath of Allegiance is required, USCIS will administer or schedule the Oath at the next available opportunity.

USCIS will also, through identifying information provided by SSA, attempt to identify individuals whose SSI benefits have been terminated or will be terminated in the near future and have pending applications for naturalization or adjustment of status. Where those individuals are positively identified, USCIS will automatically expedite their pending application. The automatic expedites will take place close to the end of the first year of the Settlement Agreement.