Friday, July 1, 2016
The Court Orders the Payment of Benefits and SSA Drags Its Feet
The court ordered the payment of benefits on a date in the past. Six months later, the agency has failed to process the claim. The claimant is prejudiced by the delay because SSI benefits are paid in installments. POMS SI 02101.020 effectuating 7502 of the Deficit Reduction Act of 2005 (P.L. 109-171).
If SSA does not initiate the payment of benefits within 21 days, file a motion in the court asking the court to issue an order to show cause why the Commissioner of SS should not be held in contempt. The claimant is entitled to be paid.
The claimant should take a copy of the memo and judgment to the congressperson's office and start an inquiry.
The attorney should write to the District Office and to the Appeals Council Court Case Branch with the judgment and the memorandum demanding immediate processing.