In re Friedl

No. 081-12-7525 (SSA Office of Hearings & App. Nov. 21, 1996). ; Clearinghouse Number: 51584

Description

Claimant, Adjudged Blameless in Receiving Benefits in Jail and on Work Release, Need Not Pay Benefits Back

Abstract

The administrative law judge (ALJ) has ruled that claimant was without fault in having received an overpayment of social security retirement benefits and that recovery of the overpayment should be waived. Claimant began receiving benefits in 1982 at the age of 63. After a felony conviction, claimant was incarcerated from October through December 1993 and was later placed in a work-release program until August 1994. In May 1994 the Social Security Administration terminated claimant’s benefits and charged him with an overpayment because he had received benefits while incarcerated. On appeal, claimant argued that he could not be said to have been "confined" for purposes of social security law while he was on work release since his basic needs were not being met by a public institution. Rejecting that argument, the ALJ held that claimant was overpaid benefits from October 1993 through May 1994. However, the ALJ found that claimant could not be faulted because he had not been made aware that he was not entitled to receive benefits while incarcerated. Furthermore, the ALJ found that repayment would cause claimant undue financial hardship. The ALJ held that recovery of the overpayment would defeat the purpose of Title II of the Social Security Act and should be waived.

Additional Information

Attorney Information
Claimant represented by Jane Landry-Reyes, Juliet R. Koskoff (legal intern), BLS Legal Services Corp. Senior Citizen Law Office, 1 Boerum Place, 3d Floor, Brooklyn, NY 11201; (718) 488-7448.
Docket Date
1996-11-21 00:00:00+00:00

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