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Article • August 1, 2020 • from PLN August, 2020
IRS Blocks Prisoners from CARES Stimulus Checks by Derek Gilna by Derek Gilna The U.S. Internal Revenue Service is seeking to block state and federal prisoners from receiving any of the $2.2 billion in coronavirus relief checks authorized by Congress and mailed out by the Treasury Department, despite there being …
Article • December 14, 2018
Appeals court rules in favor of Latino denied guard job in California prison by Rick Anderson by Rick Anderson Victor Guerrero, wrongly denied a chance to apply as a California prison guard after disclosing he had once used a false Social Security number to obtain a job, can now seek …
Article • June 9, 2017 • from PLN June, 2017
Washington Supreme Court Strikes Down Legal Financial Obligations Imposed on Indigent or Disabled Defendants Unable to Pay by Lonnie Burton by Lonnie Burton On September 22, 2016, a unanimous Washington Supreme Court held that the imposition of legal financial obligations (LFOs) on indigent or disabled defendants violates state and federal …
Article • March 10, 2017 • from PLN March, 2017
Medicare Penalties Await Released Prisoners Who Apply After Age 65 by Derek Gilna Add potential penalties for late Medicare registration to the list of hurdles that prisoners must clear if they are released after their 65th birthday. Medicare regulations impose a penalty of 10% per year for each year of …
Corrections Officials Stealing Prisoners’ Identities a Growing Problem by Christopher Zoukis Corrections officials tend to have a single-track mindset: guards oversee prisoners in an attempt to maintain security and order. But what if the looking glass needs to be reversed and the jailers need to be overseen instead? With identity …
Article • August 13, 2014 • from PLN August, 2014
Oregon Attorney Fee Repayment Requires Showing of Ability to Pay by Mark Wilson Oregon Attorney Fee Repayment Requires Showing of Ability to Pay by Mark Wilson On October 9, 2013, the Oregon Court of Appeals held that a trial court lacked the authority to require a criminal defendant to pay …
Article • September 15, 2013 • from PLN September, 2013
Second Circuit: No Social Security Payments for Prisoners by Last year, the Second Circuit Court of Appeals held that the “No Social Security Benefits for Prisoners Act (the Act), Pub. L. No. 111-115, 123 Stat. 3029 (2009), bars the Social Security Administration (SSA) from making any payments to incarcerated individuals …
Article • April 15, 2011 • from PLN April, 2011
Billing Medicaid Would Save NC $11.5 Million in Prison Medical Care Costs by Mark Wilson The North Carolina Department of Corrections (NCDOC) “could save about $11.5 million a year by requiring hospitals and other medical service providers to bill Medicaid for eligible inmate inpatient hospital and professional services,” according to …
Article • August 15, 2008
Denial of Social Security for Prisoners Upheld by The statutorily mandated denial of social security retirement benefits to a person convicted of a felony and serving life without parole does not violate the Ex Post Facto Clause because it is not "punishment." The court applies Hudson v. United States (1997), …
Article • May 15, 2007
Evidentiary Hearing Not Required To Terminate SSA Worker Disability Benefits by Evidentiary Hearing Not Required To Terminate SSA Worker Disability Benefits The U.S. Supreme Court held that an evidentiary hearing was not required to terminate Social Security worker disability benefits, and that the district court had jurisdiction to hear the …
Article • May 15, 2007
Arkansas Medicaid Injunction Upheld by The district court enjoined proposed budget cutbacks on the ground that they would violate federal Medicaid law. The relevant statute, which has long been held to create a property interest, requires payment methods that assure that payments "are consistent with efficiency, economy, and quality of …
Article • May 15, 2007
Seizure Of Federal Benefits By State Unconstitutional by The U.S. Supreme Court ruled that no part of a prisoner's Social Security benefits or Veterans Administration benefits could be confiscated by the state as reimbursement for incarceration costs. After the Arkansas legislature passed the State Prison Inmate Care and Custody Reimbursement …
Social Security Application Claims Estop Fired Jailer's ADA Claims by The U .S. Seventh Circuit Court of Appeals, affirming the U.S. District Court for the Northern District of Indiana, held that a former jail guard's claim, brought under the Americans with Disabilities Act (ADA) that he was terminated because he …
Article • May 15, 2007
No Federal Claim Where Wife Took Prisoner's Social Security Funds by The plaintiff alleged that the defendant, his daughter, who had his power of attorney, took his social security disability benefits while he was in prison. However, the court lacks jurisdiction over the claim, since the plaintiff cited no statutory …
Article • May 15, 2007
Suspension of Social Security Benefits for Prisoners Upheld by The court of appeals for the Fourth circuit held that 42 U.S.C. § 402(x), which suspends payment of social security benefits to incarcerated felons is constitutional. Social security benefits are non-contractual benefits subject to congressional discretion. Note that the statute only …
Social Security Claimant Entitled to Attorney Fee Award by The United States Supreme Court held a federal court has power under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), to award a Social Security Claimant attorney's fees for representation provided during administrative proceedings held pursuant to a …
Article • May 15, 2007
Court Has Duty to Appoint Counsel in Appropriate Civil Cases by The Ninth Circuit Court of Appeals ordered a district court to exercise its discretion to request counsel for a civil litigant and inquire whether the litigant was incompetent, which required action be taken to protect his rights. This action …
Article • May 15, 2007
Social Security Benefit Suspension For Civilly Committed Upheld by The Third Circuit Court of Appeals held that Social Security benefits may be suspended to a person confined "in connection with" a prior Not Guilty by Reason of Insanity (NGRI) verdict. The claimant was found by a jury to be NGRI …
Confiscation of Social Security Benefits Actionable Under Rehabilitation Act by The U.S. Court of Appeals for the Sixth Circuit held that juveniles formerly in state custody whose benefits were seized by the Tennessee Department of Children's Services (DCS) to pay for their "maintenance," could pursue a claim under the Rehabilitation …
Article • May 15, 2007
Denial Of Disability Benefits For Intent to Flee Questioned by Felipe Fowlkes, an elderly New York resident, appealed the denial of his Federal civil rights petition suspending his Supplemental Security Income (SSI) benefits for allegedly having the intent to flee to evade arrest or prosecution of a Virginia felony larceny …
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