How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Infolawyer Your Own Question
Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 53569
Experience:  Licensed attorney helping employers and employees.
Type Your Employment Law Question Here...
Infolawyer is online now
A new question is answered every 9 seconds

I have been informed that my retirement money has been overpaid

This answer was rated:

I have been informed that my retirement money has been overpaid for three years. Am I obligated to pay back the money. Thanks

INFOLAWYER : Hello and thank you for the question. I am sorry to read of this dilemma.
INFOLAWYER : You want to demand proof of the overpayment
INFOLAWYER : the burden is on them to prove
INFOLAWYER : and it has to be itemized
INFOLAWYER : You would only have to repay it if there is sufficient proof of the error
INFOLAWYER : conclusory allegations of overpayment are insufficient
INFOLAWYER : and you may demand and await clear proof
INFOLAWYER : Is that clear?
INFOLAWYER : awaiting your reply.

They can prove that I have been overpaid but I was not aware of being over paid until I applied for social security

INFOLAWYER : If they can prove it then the amount has to be repaid
INFOLAWYER : given it was not your fault
INFOLAWYER : they should work out a payment plan for repayment
INFOLAWYER : they cannot compel you to pay funds you do not have readily have

is this something I should ask of them

INFOLAWYER : They will not offer it
INFOLAWYER : but if you ask, it will often be granted.

how likely in your opinion are they willing to do this

INFOLAWYER : not definite, but likely
INFOLAWYER : You want to be specific about the time you need and the reason for it
INFOLAWYER : they cannot get what you do not have
INFOLAWYER : I wish you the best.

would they be able to stop my pension

INFOLAWYER : they could offset against it

thank you

INFOLAWYER : which is why it is better to work out a payment plan
INFOLAWYER : very welcome

Im not sure what that means

INFOLAWYER : Have a nice weekend
INFOLAWYER : If they owe you money going forward
INFOLAWYER : and there was an overpayment
INFOLAWYER : they could reduce future payments by the overpayment
INFOLAWYER : reducing future payments
INFOLAWYER : or stopping them until the overpayment is made up
INFOLAWYER : or they can continue as before and you pay periodically to repay the overpayment

ok thanks

INFOLAWYER : my pleasure
INFOLAWYER : Kindly click on an excellent rating
INFOLAWYER : for the answer.
INFOLAWYER : that is how I get credit for it by the site.
Infolawyer and 2 other Employment Law Specialists are ready to help you

Related Employment Law Questions