Jun 30, 2010


On May 18 Social Security requested that the Office of Management and Budget (OMB) approve new regulations "to prohibit probation or parole violators from serving as representative payees under ... the Social Security Act" which seems innocuous enough. Social Security has now withdrawn the proposal. Why?


Anonymous said...

I'm sure they withdrew the proposal because of the Martinez settlement. Even though Martinez only covered "fleeing" felons (not probation violations) the NSCLC has since received a similar ruling in the 2nd circuit on the probation violation rules. That class may also be headed for a settlement.

The rep payee rules are tied into the other rules for suspension of benefits to those who fall into the classes of fleeing felons and probation violators. So the state of the future regs is too uncertain to proceed with rulemaking right now.

Anonymous said...

Yeah it sounds like another lawsuit in the making. Martinez was a total joke and now the poor overworked FO staff will have to reinstate all those folks.