NYLAG Sues To Stop Widespread Social Security Mistake That Harms Recipients

Ershteyn v. Berryhill

“Supplemental Security Income,” or SSI, is a subsistence benefit avaiable to individuals who are far below the poverty line and are elderly, have disabilities, or are blind. For years, the Social Security Administration has regularly made an irresponsible mistake, over and over again, that has kept SSI recipients from getting the benefits they deserve and badly need. This class action lawsuit seeks to make SSA stop the unlawful denials.

SSI benefits are generally paid on the first of the month by direct deposit into a recipient’s bank account. Four times a year, when the first of the month falls on a weekend or a holiday, SSI benefits are paid a day or two early. In those months, SSA mistakenly treats countless recipients’ benefits as a part of the recipients resources for the coming month—even though federal law and SSA policies prohibit them from doing so—and then wrongly finds them to have too much money in resources to be eligible for SSI.

Members of the proposed class depend on SSI benefits to cover their most basic needs for shelter, food, and clothing. Without the full benefits to which they are entitled, they face a host of harms, including homelessness, hunger, and loss of critical medical coverage.

If you receive SSI and think SSA has improperly counted your early-deposited benefits, contact NYLAG attorney Michelle Spadafore 212-613-5024.

More Information:

Name: Ershteyn v. Berryhill

Dkt. #: 18 Civ. 4872. (E.D.N.Y 2018)

Judge: Hon. Pamela Chen, Hon. Steven Tiscione

Status: Parties are in settlement negotiations


Violations of federal Social Security law, violations of Due Process and Equal Protection


  • Plaintiffs filed the Amended Complaint in November 2018
  • Parties are engaged in settlement negotiations
Help us provide free legal services to children and adults in need of a lawyer.
Join our mailing list. Get action alerts, updates, and special invites.
Scroll to Top