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Law Services News -March/April, 2004

Law Services Wins a $31,000 Overpayment Waiver for Elderly Client

Phil Easton, staff attorney of the Senior Citizens Law Project, Nassau Office represented a client who recently received a notice of a huge Social Security overpayment totaling $31,000. The claimant began receiving Social Security Disability benefits in August of 1993 and then began working in September of 1994 as part of his nine-month trial work period. His entitlement to benefits was supposed to end in September of 1995 but continued thru October of 1997, causing this significant overpayment.

In these overpayments cases, two things must be proven in order to get the overpayment waived. One is that the claimant must prove he was not at fault in causing the overpayment, and the other is that he must also prove that his financial circumstances prevent him from repaying the overpayment. In a prior decision, in which the client represented himself, the Administrative Law Judge (ALJ) found the claimant to be without fault in causing the overpayment. However, the ALJ did not waive the overpayment due to the client’s ability to repay it at that time.

In the current decision, the ALJ found that the prior decision denying the waiver was not res judicata* on the question of ability to repay because the Social Security Administration grants waivers of overpayments if their financial circumstances change for the worse.

Mr. Easton was able to demonstrate that the claimant’s financial circumstances did indeed deteriorate. He demonstrated that his monthly expenses exceeded his monthly income. The ALJ found that “even if some of the claimant’s expenses were considered to not be reasonable and necessary, or that he could restructure some of his debts to have longer repayment periods and thereby lower his monthly obligations, it is apparent that the claimant and his wife need all of their income and resources to apply toward ordinary and necessary living expenses, and they still fall far short of meeting those obligations.”

Congratulations to Phil for pursuing this case and winning this important decision.

*Res Judicata: Rule that a final judgment rendered by a court of competent jurisdiction on the merits is conclusive and constitutes an absolute bar to a subsequent action involving a same claim.

BE A FRIEND! Inside This Issue Message from Jeffrey Seigel, Executive Director Law Services Wins a $31,000 Overpayment Waiver for Elderly Client Class Action Filed: Get Homeless Kids to School! Automatic Food Stamps for SSI Live-Alone Recipients New Regulations Mean Big Changes for Your Clients on Public Assistance New Plan to Fight Homelessness 2003 Donors. Many Thanks to Our Friends! Beware All SSI Recipients With Saving Bonds We Can't Thank You Enough Good News - Charity Care is Available at all Long Island Hospitals Volunteer Attorneys Recognized for Their Work SPRING 2004 TRAINING SCHEDULE