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Infolawyer
Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 50375
Experience:  Licensed attorney helping employers and employees.
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I have been informed that my retirement money has been overpaid

Resolved Question:

I have been informed that my retirement money has been overpaid for three years. Am I obligated to pay back the money. Thanks
Submitted: 1 year ago.
Category: Employment Law
Expert:  Infolawyer replied 1 year ago.

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.
Customer:

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
Customer:

is this something I should ask of them

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

how likely in your opinion are they willing to do this

INFOLAWYER : Likely
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.
Customer:

would they be able to stop my pension

INFOLAWYER : Yes
INFOLAWYER : they could offset against it
Customer:

thank you

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

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
Customer:

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, Lawyer
Category: Employment Law
Satisfied Customers: 50375
Experience: Licensed attorney helping employers and employees.
Infolawyer and 7 other Employment Law Specialists are ready to help you

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