GEORGE ALLEN V. KILOLO KIJAKAZI, No. 19-15987 (9th Cir. 2022)
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Plaintiff was civilly confined by court order pursuant to California’s Sexually Violent Predator Act (“SVPA”), after a probable cause hearing, but before a full civil commitment trial. While confined by court order in a state hospital, Plaintiff applied for Social Security disability benefits. The Social Security Administration (SSA) approved his application, and he received benefits.
In May 2014, the SSA notified Plaintiff that these benefits had been issued in error, and required him to refund the benefits previously paid. Plaintiff challenged that determination and requested a hearing before an Administrative Law Judge (ALJ). After a hearing, the ALJ determined that Section 402(x)(1)(A)(iii) made Plaintiff ineligible for benefits, and ordered him to repay the benefits to the SSA. Plaintiff sought judicial review of the ALJ’s decision and the district court concluded that Plaintiff was not eligible for disability benefits
The Ninth Circuit affirmed and held that the Commissioner did not err in concluding that Plaintiff was not eligible for benefits. The court reasoned the Social Security Act provides that no monthly benefits shall be paid to individuals who are confined at public expense, including someone who “immediately upon completion of confinement” for a criminal sexual offense “is confined in an institution at public expense pursuant to a finding that the individual is a sexually dangerous person or a sexual predator or a similar finding.” Here, the state trial court’s confinement order in Plaintiff’s case was pursuant to a finding that he was a sexually dangerous person or a sexual predator or a similar finding.
Court Description: Social Security. The panel affirmed the district court’s decision upholding the Commissioner of Social Security’s determination that claimant George Allen was ineligible for disability benefits under the Social Security Act due to his confinement by court order in Coalinga State Hospital pending his trial under California’s Sexually Violent Predator Act (“SVPA”). The SVPA authorizes the involuntary civil commitment of an individual who is found to be a “sexually violent predator.” Cal. Welf. & Inst. Code §§ 6600–09. The Social Security Act provides that no monthly benefits shall be paid to individuals who are confined at public expense, including someone who “immediately upon completion of confinement” for a criminal sexual offense “is confined in an institution at public expense pursuant to a finding that the individual is a sexually dangerous person or a sexual predator or a similar finding.” 42 U.S.C. § 402(x)(1)(A)(iii). At the time he received disability benefits, George Allen was civilly confined at public expense by court order pursuant to the SVPA after a probable cause hearing, but before a full civil commitment trial. The panel held that § 402(x)(1)(A)(iii) applies to a person who is civilly confined at a public expense pursuant to SVPA. ALLEN V. KIJAKAZI 3 The panel concluded that the state trial court’s confinement order in Allen’s case was pursuant to “a finding that [Allen] is a sexually dangerous person or a sexual predator or a similar finding” for purposes of § 402(x)(1)(A)(iii). Further, the state court made the requisite finding that there was probable cause to believe that Allen “will engage in sexually violent criminal conduct if released,” and that “the sexually violent criminal conduct will be predatory in nature.” This finding qualified as a finding that Allen was a “sexually dangerous person or a sexual predator or a similar finding” as required by § 402(x)(1)(A)(iii). The state court’s finding was made after a hearing subject to robust procedural protections, and Allen did not argue that the procedure was constitutionally insufficient to detain Allen pending a trial. The state court then issued a confinement order based on this finding, which was sufficient for purposes of § 402(x)(1)(A)(iii). Accordingly, the panel concluded that the Commissioner did not err in concluding that Allen was not eligible for benefits while civilly confined at state expense. 4 ALLEN V. KIJAKAZI
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