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Posted: Thursday, 16 October 2008 6:11PM

Redwood City Woman Sues Social Security Admin



SAN FRANCISCO (KCBS)  -- A Peninsula woman is suing the Social Security Administration after losing her federal disability benefits over what she claims to be a case of mistaken identity.

Rosa Martinez, 52, of Redwood City, claims that her benefits were cutoff when she was confused with someone wanted for a drug offense in Florida.  A lawyer for Martinez says that what happened to her is similar to the problems faced by thousands of elderly and disabled Americans.
ListenKCBS’ Chris Filippi reports

“Ms. Martinez was essentially unlucky that she had a very common name and shared a date of birth with someone who apparently was wanted for a crime 28 years ago,” said staff attorney Christopher Douglas with the Legal Aid Society of San Mateo County.

Douglas says the Social Security Administration denies benefits to those who are fleeing to avoid felony prosecution, but says that the administration does little to check if the person named in a warrant is the same as the one receiving benefits.

“Interestingly, the person that they’re looking for in Miami is about six inches taller than Ms. Martinez and was born in Denver, where as Ms. Martinez was born in Mexico City.”

Martinez is seeking a temporary restraining order against the Social Security Administration and is due Friday in federal court in San Francisco.

The Social Security Administration and the U.S. Attorney's office have not returned any calls from KCBS.

(cfu)


 
 
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