Social Security benefits cannot be suspended based solely on an outstanding warrant alleging a parole or probation violation, the U.S. Court of Appeals for the Second Circuit has ruled.
“The issue before us is whether the fact of a warrant, issued on the basis of ‘probable cause’ or ‘reasonable suspicion’ to believe that one is violating a condition of probation or parole, is equivalent to a determination that one is in fact violating a condition of probation or parole,” Judge Guido Calabresi wrote for the unanimous panel in Clark v. Astrue, 08-5801-cv. “We find that it is not and therefore the [Social Security] Administration’s practice is contrary to the plain meaning of the Act.”
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