Black Farmers Settlement 2026: Claim Status, Legacy Lawsuit, and What’s Left of the $1.25 Billion
Quick Answer
- The main Pigford II settlement is closed; no new claims can be filed.
- A separate lawsuit seeks to let heirs of deceased Black farmers claim Discrimination Financial Assistance Program funds.
- That case is pending before the U.S. Supreme Court, with a conference scheduled for September 28, 2026.
If you are searching for the Black farmers settlement in 2026, you are probably hoping there is still money available. There is not, at least not through the original case. The historic $1.25 billion Pigford II settlement stopped accepting claims in 2012. Every claim has been decided. The money went out years ago.
But the story is not over. A different lawsuit, filed by the Black Farmers and Agriculturalists Association, is fighting for the heirs of deceased farmers who were shut out of a $2.2 billion program created in 2022. That case just reached the Supreme Court, and the outcome could affect thousands of families.
The Facts
Case | In re Black Farmers Discrimination Litigation (Pigford II), No. 08-mc-0511 (D.D.C.); related case: Black Farmers and Agriculturalists Association v. USDA, No. 25-1369 (U.S. Supreme Court)
Status | Pigford II: closed and fully distributed. Legacy claims case: pending before U.S. Supreme Court
Fund Size | Pigford II: $1.25 billion. DFAP: $2.2 billion. Cy pres remaining: approximately $8 million
Est. Per Person | Pigford II Track A: $50,000 plus $12,500 tax payment. Track B: up to $250,000 (capped). DFAP: up to $500,000 per recipient
Claim Deadline | Pigford II: May 11, 2012 (expired). DFAP: closed January 2024
Administrator | Pigford II: EPIQ Class Action and Claims Solutions. DFAP: USDA
Proof Needed | Pigford II: proof of late-filing request in original Pigford case. DFAP: documentation of USDA discrimination
Is the Black Farmers Settlement Still Paying Claims in 2026?
No. The Black farmers settlement known as Pigford II stopped accepting claims on May 11, 2012 . All timely claims have been reviewed and decided. The checks were mailed.
The official settlement website states plainly: “NO NEW CLAIMS.” It goes further, warning that any organization claiming you can still file a Pigford II claim is wrong. The deadline passed more than a decade ago .
That does not mean the money vanished. It means the distribution phase ended. The court approved the final distribution of $1,200,425,182.08 on August 23, 2013 . More than 33,000 Black farmers received payments of $50,000 each, plus a separate $12,500 tax payment to the IRS on their behalf .
If someone tells you they can get you a Pigford II check today, they are lying.
How Much Did Black Farmers Actually Receive From the Settlement?
Most successful claimants in the Pigford II settlement received $50,000, with an additional $12,500 paid to cover federal taxes . That was the Track A award, the simpler path for farmers who did not have documentation of losses exceeding $50,000.
For larger claims, the settlement used a Track B process. Track B was designed for farmers who could prove actual damages above $50,000. Those awards could reach $250,000 per claimant, but the total Track B pool was capped at $100 million .
That cap mattered. If enough farmers filed large Track B claims, the awards got reduced proportionally. The settlement agreement included a formula that shrank individual payouts when the total claims exceeded the cap .
The settlement also included debt relief for outstanding USDA farm loans. For many farmers, that was worth more than the cash payment. Forgiving a loan that was strangling a family farm changed the math on whether they could keep farming.
Key Takeaway: The Pigford II settlement paid out over $1.2 billion, with most recipients getting $50,000 plus tax relief, but Track B awards were capped and could be reduced if too many farmers filed large claims.
What Is the Black Farmers Legacy Claims Lawsuit?
The legacy claims lawsuit is a separate case filed by the Black Farmers and Agriculturalists Association in August 2023 . It challenges the USDA’s refusal to accept claims from the heirs of deceased farmers under the Discrimination Financial Assistance Program.
The DFAP was created by the Inflation Reduction Act of 2022. It set aside $2.2 billion to compensate farmers who experienced USDA lending discrimination before 2021 . Unlike Pigford II, this program was not limited to farmers who had filed late requests in the 1999 case. It was open to a broader group.
But the USDA said only living farmers could apply. The agency interpreted “assistance” as help for ongoing farming operations. A deceased farmer cannot be assisted, the government argued .
The BFAA sued, saying that reading is too narrow. The heirs of farmers who were discriminated against deserve the money their relatives were owed. The case lost in federal district court, then lost again at the Sixth Circuit Court of Appeals in October 2025 .
What Happened to the Heirs of Deceased Black Farmers?
The heirs lost at the Sixth Circuit, but they are not done. The Sixth Circuit panel ruled that the law limits “assistance” to living farmers who have ongoing needs . Judge Chad Readler wrote that a deceased farmer “is not engaged in an activity that money can help complete” .
One judge dissented in part. Judge Helene White agreed that the applicant must be alive but disagreed with the majority’s cramped reading of “assistance” . She noted that Congress measured recovery by the “consequences” of past discrimination, which sounds like compensation, not ongoing support.
The BFAA asked the full Sixth Circuit to rehear the case. That request was denied . So the group took it to the Supreme Court.
The Supreme Court docket shows the petition was filed on June 10, 2026. The government waived its right to respond. The case is scheduled for conference on September 28, 2026 .
Reality Check: If you paid an organization a membership fee or “processing fee” promising to get you a Black farmers settlement payment, that is a red flag. The official Pigford II settlement website warns that the Black Farmers and Agriculturists Association (BFAA) may be advising farmers that payment to BFAA will allow them to file a claim. The site says that is not accurate . Filing claims in these cases has always been free.
Who Qualifies for the Black Farmers Legacy Claim?
To have qualified for the original Pigford II settlement, you had to meet two requirements . First, you had to have submitted a late-filing request in the original Pigford case between October 13, 1999 and June 18, 2008. Second, your discrimination claim must not have already been decided on the merits.
For the DFAP program, eligibility was broader. You had to be a farmer, rancher, or forest landowner who experienced discrimination in USDA farm lending before January 1, 2021 . You also had to be alive to apply.
The legacy claims lawsuit seeks to change that last part. If the BFAA wins, heirs of deceased farmers could potentially file claims on behalf of estates. But that has not happened yet. As of now, the courts have said no.
How Do You Check If You Were Part of the Pigford II Settlement?
The claims administrator for Pigford II was EPIQ Class Action and Claims Solutions . The settlement hotline was 1-877-810-8110. The mailing address was P.O. Box 4028, Portland, OR 97208-4028.
If you want to know whether you were listed as a late filer in the original Pigford case, the settlement notice said to call the claims administrator . That number may still be active for records requests, though the settlement itself is closed.
The official settlement website, blackfarmercase.com, has been the central information hub. It includes the claim form, notice documents, and cy pres information. The site is still live as of September 2026.
For DFAP, the USDA administered the program directly. The application window closed in January 2024. You cannot apply now.
What Is the Remaining $8 Million in Cy Pres Funds?
After all successful Pigford II claimants cashed their checks, about $12 million remained in the settlement fund . That money was designated for cy pres distribution, meaning it goes to nonprofit organizations serving Black farmers rather than to individuals.
Lead Class Counsel proposed giving the remaining approximately $8 million to the Southern Farmers Financial Association, a new nonprofit . The Department of Justice objected in May 2026.
The government’s objection was blunt. DOJ said SFFA is a “new, unvetted organization” with no experience managing millions of dollars. The Feasibility Assessment from 2021 suggested SFFA would be “severely undercapitalized,” needing about $47 million more to be viable .
DOJ also pointed out that the court had already approved 26 other organizations to receive cy pres funds in Phase I. Why not distribute the remaining money to those vetted groups instead of an untested newcomer?
The court has not ruled on the cy pres dispute as of this update. The docket shows activity through August 2026 .
Key Takeaway: The remaining Pigford II money is about $8 million in cy pres funds, and the government is fighting the proposal to give it all to one unproven nonprofit instead of established organizations.
What Happens Next for the Black Farmers Legacy Claims Case?
The Supreme Court conference on September 28, 2026 is the next major step . At that conference, the justices will decide whether to grant certiorari, meaning whether to hear the case.
If the Court denies cert, the Sixth Circuit ruling stands. Heirs would be permanently barred from filing legacy claims under DFAP.
If the Court grants cert, arguments would likely happen in early 2027, with a decision by June 2027. That would give the BFAA another chance to argue that Congress intended to compensate the estates of deceased farmers.
The BFAA has also asked Senator Brent Taylor and others to bring the case to President Trump’s attention for a potential settlement . That is a long shot, but it reflects the group’s strategy of pursuing both legal and political pressure.
Frequently Asked Questions
Is the Black farmers settlement still open for new claims?
No. The Pigford II settlement stopped accepting claims on May 11, 2012. The official settlement website states clearly that no new claims can be made in this case.
How much did Black farmers receive from the Pigford II settlement?
Most successful Track A claimants received $50,000, plus $12,500 paid to the IRS for taxes. Track B claimants could receive up to $250,000, but the total Track B pool was capped at $100 million.
What is the Black farmers legacy claims lawsuit about?
It is a lawsuit filed by the Black Farmers and Agriculturalists Association challenging the USDA’s refusal to accept Discrimination Financial Assistance Program claims from the heirs of deceased farmers.
Did the Black farmers legacy claims lawsuit win?
No. The Sixth Circuit Court of Appeals ruled against the BFAA in October 2025, agreeing with the lower court that only living farmers qualify for DFAP assistance.
Is the Black farmers case going to the Supreme Court?
Yes. The BFAA filed a petition for certiorari on June 10, 2026. The case is scheduled for conference on September 28, 2026, where the justices will decide whether to hear it.
Who was the claims administrator for the Black farmers settlement?
EPIQ Class Action and Claims Solutions served as the claims administrator. The settlement hotline was 1-877-810-8110, and the mailing address was P.O. Box 4028, Portland, OR 97208-4028.
Can I still file a claim for the $2.2 billion Discrimination Financial Assistance Program?
No. The DFAP application window closed in January 2024. The program does not accept new claims. The only pending legal question is whether heirs of deceased farmers can file legacy claims.
What should I do if an organization says I can still get Black farmers settlement money?
Be skeptical. The official settlement website warns that no new Pigford II claims are possible. Filing was always free. Any group charging a fee to “file” a claim is likely taking advantage of you.
What Happens Next
September 28, 2026: Supreme Court conference on the BFAA legacy claims petition. Justices decide whether to hear the case.
Expected late 2026: Court ruling on the $8 million cy pres distribution dispute.
Expected 2027: If cert is granted, oral arguments and a decision on legacy claims by June 2027.
Ongoing: BFAA continues political outreach for a potential settlement.
