United States Second Circuit

On a prisoner's postjudgment motion for an order directing the Social Security Administration (SSA) to re-tender a check for retroactive supplemental Social Security benefits that he was owed, the district court’s denial of the motion is affirmed, as: 1) the No Social Security Benefits for Prisoners Act bars the SSA from making any payment to an incarcerated individual covered by the Act, regardless of when the underlying obligation to pay the individual arose; and 2) the Act is not impermissibly retroactive, because it alters only the procedure and timing by which certain individuals receive their retroactive Social Security benefit payments, and does not affect their substantive right to those benefits.

Appellate Information

• Decided 01/31/2012
• Published 01/31/2012

Judges

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Kristina Cohn