No Social Security Benefits for Prisoners Act (U.S. Court of Appeals for the 2nd Circuit)

By: Briefly Legal PDX//February 3, 2012//

No Social Security Benefits for Prisoners Act (U.S. Court of Appeals for the 2nd Circuit)

Briefly Legal PDX//February 3, 2012//

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Effective Date

Fowlkes v. Thomas

10-5192

Judges Sack, Katzmann and Parker

Background: The plaintiff appealed from a judgment that denied his post-judgment motion for an order directing the Social Security Administration to re-tender a check for retroactive supplemental Social Security benefits that he is owed. The plaintiff was incarcerated when he commenced an action alleging his supplemental Social Security benefits had been improperly suspended.

Ruling: The Second Circuit affirmed. The court held that the Social Security Administration was barred by the No Social Security Benefits for Prisoners Act from tendering payment to the plaintiff while he remained incarcerated, even though the underlying obligation to pay arose before the act鈥檚 enactment.

Felipe Oteze Fowlkes, pro se; Kristan Cohn, United States attorney, for the defendants-appellants

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