Thank you for submitting your important legal issue to Just Answer. I am pleased to have the opportunity to provide you with an honest and easy to understand answer to your question.
I am an attorney licensed in the State of Texas. The following information is a brief answer to your question. However, if you feel that you need further information or that you have other insights which might help me in providing a better answer, please feel free to write back.
Generally, the law provides that Employee
Retirement Benefits company's may assert a claim for reimbursement for overpayment of benefits from beneficiary
's such as your mother, even though such overpayment was made through no fault of hers. Unfortunately, what the courts have decided is that the Company can sue and then assert a lien over any qualified fund of money that your mother has or an income stream, in some cases this can even apply to social security benefits. So, my best advice is that your mother needs to obtain a defense attorney
who specializes in ERISA law, as she will likely need some detailed advice on what to do.
I hope that this information has been helpful to you. If we can be of any further assistance please free to use our service again. Best wishes for a successful outcome.
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The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Zachary D. Norris or The Norris Law Firm. For complete legal advice and representation
, you should consult with an attorney licensed to practice in your state.