At the end of 2009, the National Senior Citizen Law Center in Washington issued a notice about a settlement in a class action lawsuit, which is called Martinez v. Astrue. Since it involved Social Security benefits, I checked and found more information about this lawsuit on the Social Security website at ssa.gov/martinezsettlement

The basic question involved was: Did Social Security Stop Your Benefits Because You Had an Arrest Warrant? Based on the settlement entered in that class action lawsuit, if your benefits were stopped because you had an arrest warrant, you may be able to start your benefits again. You may also be able to get back benefits.

According to the class action lawsuit settlement:

• Social Security cannot deny or stop benefits because of most outstanding arrest warrants.

• Social Security must stop collecting overpayments based on most outstanding warrants.

• For 80,000 people, Social Security must pay back all benefits that it didn’t pay or that it collected as overpayments.These benefits may total over $500 million dollars.

Over 200,000 people could be helped by this lawsuit. The benefits you can get back include Social Security, Supple­mental Security Income (SSI), and/or Special Veterans Benefits (SVB).

It is very important to know, however, that the case will not help you if:

• You were convicted and sentenced for a crime and violated your probation or parole; or,

• You have an outstanding warrant for flight and/or escape (very rare).

Whether or not you have the right to get money back depends on whether you are a member of the class of people identified in the lawsuit.

Here’s what is supposed to happen:

First, Social Security will send notices to class members. So, make sure Social Security has your current address. People who received Social Security (not SSI or SVB) can update their address online at socialsecurity.

gov/changeofaddress

Second, if you received SSI benefits, you should visit your local Social Security office and ask them to put your name, address, Social Security number and phone number on the “Martinez list.”

Because of the size and complexity of the settlement, it will take significant time to provide the relief to all the class members.

So, the Social Security Administration (SSA) is asking that you please do not contact them about the reinstatement of benefits or overpayment relief provided by this settlement. The SSA will notify affected class members as explained in the settlement.

To learn more visit nsclc.org/areas/social-security-ssi/Martinez-Settlement Or visit the Social Security website at ssa.gov/martinezsettlement

In the meantime, remember: Protect yourself and your family. Know your responsibilities as well as your rights and how to assert them when you need to.

Legal Notes is based on general law and is not intended as individualized advice. If you have a legal problem, contact a licensed attorney to discuss how the law affects your particular legal problem and facts.

South Jersey Legal Services offers free legal services to income-eligible residents and senior citizens in the seven southern counties: Cumberland, Salem, Gloucester, Camden, Burlington, Atlantic & Cape May. For assistance, call the centralized intake unit at 1-800-496-4570.