Impact Litigation

On April 3, 2023, the Eastern District of New York approved a settlement agreement in Amin v. Kijakazi, addressing Social Security Administration’s systemic delays in processing non-disability Social Security Insurance (SSI) appeals. The settlement expands the Goldberg Kelly (GK) appeal period from 10 to 60 days, allowing SSI recipients to continue receiving benefits while appeals are pending. The agreement also establishes procedures for representatives to escalate cases when benefits are improperly interrupted, ultimately allowing contact with plaintiffs’ counsel if SSA fails to comply. 

Amongst other things, the lawsuit also provides that certain non-disability reconsideration requests filed between March 17, 2020, and April 7, 2022, as timely, suspends related overpayment collection, and enhances SSA’s IT systems to better track and process appeals.  Under the agreement, SSA will also formalize changes through policy updates, renew and convert existing Emergency Messages into POMS guidance, and initiate rulemaking In addition, SSA will provide quarterly compliance reports for three years, beginning nine months after the agreement’s effective date.

Read the Settlement Agreement

Lead counsel: NYLAG, Ann Biddle, Ian Feldman, Queens Legal Services, Urban Justice Center

Co-counsel: Empire Justice Center, Emilia Sicilia, Justice in Aging

Pro bono: Arnold and Porter