667 F.3d 270
2d Cir.2012Background
- Fowlkes, incarcerated, challenged SSA's past suspension of benefits and sought re-tender of a retroactive check.
- SSA awarded $9,785.37 in December 2007; check sent to prison, later returned after Fowlkes declined deposit.
- District Court dismissed; Second Circuit remanded for SSA proceedings.
- On remand, SSA found no evidence of fugitive status, granting benefits retroactively.
- The SSA later declined to re-tender the retroactive check to Fowlkes under the No Social Security Benefits for Prisoners Act.
- Act bars any payment to an incarcerated individual after enactment, even if underlying obligation predates the Act.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the SSA may pay incarcerated recipient under the Act | Fowlkes argues the SSA should re-tender the retroactive benefits. | SSA contends the Act prohibits any payment while incarcerated. | Yes; SSA barred from paying while incarcerated. |
| Is the Act retroactive in effect as applied here | Act should not bar payments for pre-enactment obligations. | Act clearly bars payments during incarceration after enactment. | Act applies to payments after enactment, regardless of pre-enactment obligations. |
Key Cases Cited
- Landgraf v. USI Film Prods., 511 U.S. 244 (U.S. 1994) (tests retroactivity of statutes; new provisions may affect legal consequences)
- Mortimer Offshore Servs. v. Fed. Republic of Germany, 615 F.3d 97 (2d Cir. 2010) (legal interpretation, not abuse of discretion, de novo review for legal questions)
- Universal Church v. Geltzer, 463 F.3d 218 (2d Cir. 2006) (statutory interpretation begins with plain language)
- Fowlkes v. Adamec, 432 F.3d 90 (2d Cir. 2005) (remand for SSA proceedings; later on point of review)