Nature of Claims: This class action is brought on behalf of disabled immigrants in New York State who are provided only about half the level of public assistance benefits that all other disabled persons in the State receive, solely because they are ineligible for federal SSI benefits on account of their immigration status. Plaintiffs allege that the failure to provide disabled immigrants with assistance at the standard of need for all other disabled New Yorkers set forth in SSL § 209, solely because they are ineligible for federal SSI benefits on account of immigration status, violates Article XVII of the State Constitution, which requires the provision of aid, care and support to the needy, and the Equal Protection clauses of the federal and State Constitutions.
Current Status: On August 11. 2005, Justice Jane Solomon granted plaintiffs' motions for summary judgment and class certification, holding that providing lower benefits for disabled immigrants solely on account of their immigration status violates Article XVII of the State Constitution, and the Equal Protection clause of the federal and State Constitutions. In addition to requiring the provision of full benefits to immigrants throughout the State prospectively, the court directed the State to provide retroactive benefits to all disabled immigrants who (1) have became ineligible for federal SSI benefits by reason of their immigration status, or (2) never applied for federal SSI benefits but "would have been eligible for" them, and who now receive a lower level of assistance than other disabled persons.
On January 17, 2008, the Appellate Division, First Department affirmed Justice Solomon's order in all respects. The Appellate Division held that New York State may not deny benefits to elderly or disabled immigrants whom the State "continues to classify as the needy aged, blind and disabled" "merely because the federal government, in 1996, chose to deny SSI benefits to [that] particular subgroup." This denial, held the Court, "violates the letter and spirit of article XVII" of the State Constitution "by imposing on plaintiffs an overly burdensome eligibility condition having nothing to do with need." For more information, see Khrapunskiy v. Doar.
No. Persons Affected: Approximately 236 elderly or disabled immigrants in New York State had their federal SSI benefits terminated in or before 2003 on account of immigration status because they had reached the federal seven-year time-limit on eligibility. Another 7,097 elderly or disabled immigrants in New York State were expected to reach the seven-year time limit between the years 2004 and 2010. (Some of those immigrants, however, are expected to naturalize before losing benefits.) Also benefiting from the decision are an additional but uncertain number of immigrants who never applied for federal SSI benefits and who would have been eligible for them but for their immigration status.
Reported Decisions: Khrapunskiy v. Doar, 9 Misc.3d 1109(A), 806 N.Y.S.2d 445 (Table), 2005 N.Y. Misc. LEXIS 1970, 2005 WL 2242849 (Sup. Ct. N.Y. Co. Aug 11, 2005); Khrapunskiy v. Doar, 806 N.Y.S.2d 445 (1st Dep't, Dec. 8, 2005) (partially vacating automatic stay).