When the COVID-19 pandemic struck in early 2020, wearing masks and practicing social distancing became the new normal. Many businesses and offices across the country closed, including Social Security Administration (SSA) field offices. When the SSA closed its field offices in March 2020, it disrupted essential services for millions, including Supplemental Security Income (SSI) recipients.
For seniors, people with disabilities, and others with limited income, monthly SSI payments are essential in making ends meet. As of December 2023, more than 2 million people 65 or older were receiving SSI benefits.
SSA office closures prevented many beneficiaries from reporting changes in their financial circumstances. As a result, many of them mistakenly received overpayments from the SSA. Once SSA employees began working remotely and resumed assessing overpayments, many recipients saw their SSI benefits suddenly reduced or discontinued altogether.
Class Action Lawsuit
In response to the reduced or discontinued benefits, a class action lawsuit titled Campos v. Kijakazi was filed in September 2021. The plaintiffs alleged that the SSA had failed to adapt its procedures during the pandemic, leading to unjust overpayment assessments and subsequent benefit reductions or terminations that worsened the financial hardships of some of the nation’s most vulnerable people.
Campos v. Kijakazi Settlement
After extensive litigation and negotiations, a settlement was approved in November 2023. Key provisions of the settlement included the following:
- Automatic Relief for Affected Recipients. Approximately 250,000 SSI recipients who incurred overpayments between March 2020 and September 2020 will have these overpayments waived automatically. This means that individuals will not be required to take any action to receive this relief, and any amounts previously recouped by the SSA will be credited back to their accounts.
- Guidance for Subsequent Overpayments. For nearly 2 million recipients who incurred overpayments between October 2020 and April 2023, the SSA will issue new administrative guidance and individualized notices. These communications will clarify the standards and processes for requesting overpayment waivers, aiming to ensure that beneficiaries are well-informed about their rights and the steps they can take to seek relief.
In 2025, the SSA will begin to enact these remedies. According to its website, SSI recipients who qualify for a waiver under the settlement will likely receive them by May. In certain cases, people who are eligible for these waivers will not have to take any action. The SSA will send these individuals a notice about the waiver.
For those not receiving this waiver automatically, the SSA will notify them this spring about how to seek one. An SSA online fact sheet regarding the Campos settlement offers additional information.
This settlement represents a significant acknowledgment of the unique challenges faced by SSI recipients during the pandemic. By providing automatic waivers and clarifying waiver processes, the agreement aims to rectify the undue financial burdens placed on vulnerable populations during an unprecedented global crisis.
The settlement agreement is final and does not prevent SSI beneficiaries from appealing an overpayment or pursuing relief.
Advocating for SSI Recipients
Advocacy groups, including the New York Legal Assistance Group and Justice in Aging, played pivotal roles in this legal action. They emphasized that the settlement not only addresses past grievances but also sets a precedent for how the SSA should adapt its procedures in future emergencies to protect the rights and well-being of SSI recipients.
The Campos v. Kijakazi case and its resulting settlement underscore the importance of responsive and equitable administrative practices, especially during times of crisis. The relief provided through this agreement offers a measure of justice to those who were adversely affected during the pandemic and highlights the critical role of legal advocacy in safeguarding public benefits.
