There's been a controversy over the Social Security Administration's efforts to collect ancient debts, some more than thirty years old, by seizing current benefits owed as well as tax refunds. Social Security generally has no records to substantiate that anything was ever owed. Often the agency tries to collect debts from the children of the person allegedly overpaid.
Inevitably, these extreme debt collection practices have generated litigation. Apparently, Social Security has no confidence in its ability to defend its practices. The agency is now trying to moot a class action lawsuit by writing off the alleged debt of the named plaintiff. This has generated an appeal.
Let me suggest that if Social Security doesn't think it can win in court on the merits of its position that it should change its position. This effort to moot the litigation is unworthy of a government agency.
7 comments:
While I must concur that SSA attempting to collect these ancient debts without adequate proof is pathetic, I don't think we can lose sight of the fact that Pl's counsel is likely only contesting the mootness issue because they want to be able to proceed with the class action in order to ultimately earn significant fees.
I see no reasons to assume Pl's counsel is only contesting the mootness issue to seek significant fees. SSA attempting to collect ancient debts even with adequate proof from deceased indivdual's children is against equity and good conscience.
SSA should change the policy. Period! End of Story... If not, allow the class action lawsuit!
Just another example of no hands on the wheel management. SSA has lost legal and moral footing in the last few years. Will take a strong leader to come in and change this unprecedented decline.
Of course the attorneys want to go forward with the class action. That is their job. But if SSA wasn't going after people's money for overpayments which are usually not their fault literally decades after the alleged overpayment took place, there would be no need for a class action.
SSA or Congress needs to change the policy. Put a time limit on SSA collecting debts unless there is evidence of fraud on behalf of the recipient and put in place a reasonable timely appeal process.
But it won't happen because SSA can't achieve anything in a reasonable timely way these days...
So if a disabled worker receives disability after going back to work without reporting it, racking up say a $20,000 overpayment, he should never have to pay it back? I can see not seeking repayment from children but if the overpaid person comes back to file retirement, why shouldn't he have to pay back the overpayment?
@10:12 20 CFR §§ 404.508 and 404.509 provides multiple reasons.
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