At Francis Mailman Soumilas, P.C., we are committed to protecting consumers from the devastating consequences of bureaucratic errors. A recent case handled by firm partner, Jim Francis, highlights the profound impact such mistakes can have and underscores the importance of vigilant legal advocacy.
In December 2023, Joyce Evans, a retired federal employee, received a letter from the Office of Personnel Management stating she was deceased and that her pension benefits would cease. This erroneous declaration originated from the Social Security Administration (SSA), which had mistakenly included her in the Death Master File—a database banks and insurance companies use to prevent fraud. As a result, Ms. Evans faced severe repercussions:
– Financial Disruption: Her bank accounts were closed, and her house faced foreclosure.
– Healthcare Denial: Her Medicare benefits were terminated, leaving her without access to essential medications.
– Emotional Distress: The ordeal led to significant psychological suffering, including depression and anxiety.
Despite her persistent efforts—writing letters, completing forms, visiting SSA offices, and spending hours on the phone—the error was not promptly rectified. Tragically, Ms. Evans passed away seven months later. Her family, represented by our firm, has initiated a class-action lawsuit to prevent such injustices from recurring.
The case, Evans et al. v. United States of America Social Security Administration, is pending in the United States District Court for the District of Maryland, C.A. 25-00927.
Being falsely declared deceased by the SSA or other reporting agencies can lead to:
– Loss of Income: Immediate cessation of Social Security benefits and pensions.
– Credit Damage: Closure of bank accounts and denial of credit due to the deceased status on credit reports.
– Healthcare Inaccessibility: Termination of health insurance and Medicare benefits.
– Legal Complications: Challenges in proving one’s identity and reviving erroneously closed accounts.
These errors, while statistically rare, affect thousands annually.
If you or someone you know has been wrongfully declared deceased, it is imperative to act swiftly:
1. Contact the SSA Immediately: Visit your local SSA office with valid identification to correct the record.
2. Notify Financial Institutions: Inform banks and creditors to prevent account closures and credit issues.
3. Seek Legal Assistance: Engage experienced consumer protection attorneys to navigate the complexities and advocate on your behalf.
At Francis Mailman Soumilas, P.C., we specialize in consumer protection law and are dedicated to holding agencies accountable for their errors. Our experience ensures that victims receive the justice and compensation they deserve.
If you have been affected by such an error, please contact us for a free consultation. Together, we can work to restore your rights and prevent future injustices.