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socrateaser
socrateaser, Attorney
Category: Business Law
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Experience:  Retired (mostly)
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To socrateaser, only I want to cite the US Supreme Court

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To socrateaser, only

I want to cite the US Supreme Court regarding the responsibility of government agencies to maintain their files and know what's in their files.
Submitted: 9 months ago.
Category: Business Law
Expert:  socrateaser replied 9 months ago.
I think that you can avoid citing the U.S. Supreme Court, and simply cite the U.S. Code: 5 U.S.C. 552a(g)(C).

The Code seems pretty unequivocal on its face, that every federal agency is liable if it "fails to maintain any record concerning any individual with such accuracy, relevance, timeliness, and completeness as is necessary to assure fairness in any determination relating to the qualifications, character, rights, or opportunities of, or benefits to the individual that may be made on the basis of such record, and consequently a determination is made which is adverse to the individual."

Please let me know if my answer is helpful.
socrateaser, Attorney
Category: Business Law
Satisfied Customers: 33505
Experience: Retired (mostly)
socrateaser and 9 other Business Law Specialists are ready to help you
Customer: replied 9 months ago.

As before, your response was more than I expected. I appreciate your thoroughness and your graciousness.

Customer: replied 7 months ago.

To Socrateaser Only


 


Ive got a different topic I need answers on.


 


* At age 62, I begin to receive early Soc Sec.


* My P-T job became FT and I earned more than the limit


* I stopped my SS but not timely and was overpaid SS benefits


* I set up a payment plan


* My employment was terminated and I'm wondering:


 


Can I begin receiving SS benefits while continuing to repay the overpayment - or must my overpayment be paid off first?

Expert:  socrateaser replied 7 months ago.
The SS Administration has the authority to engage in "administrative offset," which means that it can deduct your overpayments from your new benefit payments. SSA will deduct the maximum amount of overpayment (100%) against your payments until the debt is satisfied. However, you can request a smaller offset, and if you show good cause (a clear justification) for why a smaller offset should be applied (e.g., "Unless I receive $X per month, I will be unable to pay my rent."), then SSA is likely to approve the smaller offset.

See this link.

Hope this helps.
socrateaser, Attorney
Category: Business Law
Satisfied Customers: 33505
Experience: Retired (mostly)
socrateaser and 9 other Business Law Specialists are ready to help you
Customer: replied 7 months ago.

Thank you for your comprehensive answer.

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