Thompson v. Wing

No. 98-CV-7628 (E.D. N.Y. June 2003); Clearinghouse Number: 55562

Description

Class Action Against State and Federal Agencies on Income Tax Refund Offsets to Recoup Food Stamp Overpayments Is Settled

Abstract

The settlement agreement between the parties provides that the New York Office of Temporary and Disability Assistance will return federal income tax refund intercepts taken between 1997 and 2000 from those who should not have had the money taken because (1) their debts were more than nine years old; (2) they were receiving food stamps when their money was taken; or (3) the period of food stamp overpayment extended back more than twelve months — if he claim was for an inadvertent household error. Plaintiffs sought declaratory and injunctive relief on behalf of individuals who had or would have a federal payment that was due to them but reduced or offset by the U.S. Department of the Treasury on behalf of the U.S. Department of Agriculture (USDA) for alleged food stamp overpayments. Plaintiffs alleged that, in violation of their rights under 31 U.S.C. § 3720A, 7 U.S.C. § 2022, and 31 C.F.R. § 285.2, defendants intercepted or threatened to intercept federal payments without giving class members adequate notice and a meaningful opportunity to contest the offsets. Plaintiffs alleged that class members whom the Office of Temporary and Disability Assistance or USDA determined to have received an overissuance of food stamp benefits were not given adequate notice explaining the alleged over issuance, or an opportunity for an adjudicatory hearing meeting due process standards to challenge the alleged debt.

Additional Information

Attorney Information
Docket Date
2008-07-22 17:34:21+00:00