David Jenkins was discharged honorably from the US Army in 1973, and even received the National Defense Service Medal for his time on duty. Many veterans face difficulties adjusting to civilian life after time in the military, which can lead to mental health challenges like depression and anxiety. In almost a third of cases, this can also lead to involvement with the criminal justice system, as veterans struggle to cope with life outside the military–particularly after a PTSD diagnosis. Many years after his discharge, Jenkins spent some time in prison, and was released on parole in January 2022. He was forced to live in a transitional facility because he had no income at the time. He applied and was considered eligible for a social security pension in March 2022. However, the Social Security Administration (SSA) refused to pay because they assumed his residence in a transitional housing facility meant he was still in custody. Instead, they paid him SSI at a much lower rate and deducted room and board, leaving him with only a few hundred dollars a month. SSA’s rules specifically state that a person is entitled to be paid if they have been paroled. Underpayment or no payment is a frequent problem for elderly people released from prison. People end up stuck at these transitional facilities because they don’t have any money to leave.
Jenkins contacted Lone Star Legal Aid for help, and Sondra Haltom took his case. She sent the SSA a copy of his parole certificate, a letter from his parole officer saying he could leave anytime he wanted, and an explanation of their rules that he is entitled to benefits, all to no avail. After several months, Jenkins had saved enough from his SSI to get an apartment. As soon as he changed his address, the SSA began paying his full retirement benefits, but still refused to pay him back for the period he spent in the transitional facility. After several months of negotiations with various agents from the SSA, during which additional documents were sent and congressional offices were involved, the SSA finally relented. As a result, the SSA recently sent a payment to compensate for the back pay Jenkins was owed.
Jenkins was overjoyed. The help he received from Lone Star Legal Aid has allowed him to focus on a full and successful reentry into civilian life.
Lone Star Legal Aid (LSLA) is a 501(c)(3) nonprofit law firm focused on advocacy for low-income and underserved populations by providing free legal education, advice, and representation. LSLA serves millions of people at 125% of federal poverty guidelines, who live in 72 counties in the eastern and Gulf Coast regions of Texas, and 4 counties in Southwest Arkansas. LSLA focuses its resources on maintaining, enhancing, and protecting income and economic stability; preserving housing; improving outcomes for children; establishing and sustaining family safety, stability, health, and wellbeing; and assisting populations with special vulnerabilities, like those with disabilities, the aging, survivors of crime and disasters, the unemployed and underemployed, the unhoused, those with limited English language skills, and the LGBTQIA+ community. To learn more about Lone Star Legal Aid, visit our website at www.LoneStarLegal.org.
Media contact: media@lonestarlegal.org
