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Question
Nine years after retiring from the US Coast Guard I received a lump sum payment without explanation then began receiving increased retirement checks. I received another lump sum payment in November again without explanation but two weeks later I was notified that it was in error. I sent the money back, no questions. Then a few weeks later I was notified that I had been paid $67,000 +/- and they wanted the money back within 30 days. I appealed all except the payments for last year and was denied. I have the option to appeal to the Department of Defense Claims Appeal Board but I am supposed to provide more information. The Coast Guard is NOT a member of the DoD so am confused. Also, I have not been provided documentation other than a page showing me what I was paid and what I should have been paid plus a letter stating that the CG clerk made the error. I want to know if I need an attorney to assist me with this matter since my letter did not work out and my appeal was denied.
Submitted: 146 days and 23 hours ago.
Category: Legal
Value: $18
Status: CLOSED
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Optional Information
State/Country: United States
Already Tried:
I wrote letters to the CG and to my Senator. I asked for a partial waiver of indebtedness and was denied by the CG. I am a full-time RVer and currently in Canada. Will return to US in two weeks. Mailing address is TX but am moving to Maui, HI in September. I do not know how long I have to appeal but can appeal again this time to the DoD Claims Appeal Board but believe I need an attorney to assist me so that it can be approved. Am I correct? If so, what type of attorney do I need? Thank you.
Posted by
bizlaw
146 days and 23 hours ago.
Info Request
Did you receive the amount of money they claimed? When you said you sent the money back, did you send all the exta money back that you received?
146 days and 23 hours ago.
Reply
I did receive all the money they said over two years. I did not know I was being overpaid as I do not receive monthly statements; only when the amount changes and they never tell us why the amount changed. I sent the second overpayment back in full and at the time I did not know I had been overpaid any other monies. When I received the letter stating I was further overpaid it was one amount, then I received another letter with yet another amount, then another amount came in a letter a few weeks later. The amount I received and what they said are very close but not the same figure. The final amount is around $67,000 but if I was unable to pay it in one lump sum they began taking out 66 2/3% from my "reduced" amount -- the correct amount but greatly reduced from what I had been making and what I planned my retirement on. After they take out my insurance I only receive $226.33 per month. My "wrong" pay but which I had been making for quite some time was over $2,000 per month. This is a hardship on me. I am moving to Maui as our condo becomes vacant in Sept. and I cannot rent it as I am so upside down on the mortgage and rents have come way down. My health has suffered from this stress and I need to get it taken care of so I hopefully can get well. Thank you.
146 days and 23 hours ago.
Reply
Didn't get your post
Posted by
bizlaw
146 days and 22 hours ago.
Info Request
If you can afford one, I would certainly retain counsel. You said that they denied your appeal except for payments made during the last year. Is the amount they are claiming after that reduction still $67,000 or something less than that?
146 days and 22 hours ago.
Reply
I stated in my appeal that I would repay one year's worth of overpayments but I did not have the money to repay it all and by reducing my pay to $226 a month would be a hardship. I guess since I own two condos in Maui which is the extent of my assets except my retirement plus my husband's retirement. We live in a trailer which is paid for as is our truck. We have some savings but need that as our condo is being assessed a large amount which we have been saving for. The total I owe now is about $51,000 as I have repaid some.
146 days and 22 hours ago.
Reply
If I do need an attorney what type do I need to retain and in what state? I'll be back in TX in August then moving to Maui. I do not currently live in any one location. We go where it is warmer for my health though it isn't happening this summer but not by design.
Thank you.
Posted by
bizlaw
146 days and 22 hours ago.
Info Request
If you were to retain an atrorney you would want one who is familiar with military pensions. My concern is that having had an administrative appeal, I am not sure how many more options you have. I suggest contacting an attorney in the locale where you currently live. Your time to appeal the denial of your appeal may not have that long to run and you need to get advice now.
Depending on how far back the overpayments went you may have a statute of limitations defense to some of it. However, I am not sure what state's statute of limitations would apply.
I am going to opt out and see if another expert can provide you with more useful information.
146 days and 21 hours ago.
Reply
Thank you for your information. The letter telling me my Waiver of Indebtedness was disapproved did not provide any information as to how long I have to make the DoD appeal nor what I needed only that they needed more information.
I do not really live in any state at this time and won't until September. I think this needs attention immediately. The Statute of Limitations on Federal retirement claims if 5 years.
Posted by
bizlaw
146 days and 21 hours ago.
Info Request
I hope what I told you is of use. Hopefully another expert will provide even more useful information.
143 days and 23 hours ago.
Reply
What KIND OF ATTORNEY handles military pensions? I cannot find one.
Posted by
bizlaw
143 days and 10 hours ago.
Answer
You can speak to an attorney that does ERISA (pension and profit sharing) work or one that advises military personnel generally.
Edited by bizlaw on 7/3/2009 at 12:59 PM
Accepted Answer
I am going to refer you to military law experts. I will opt back to do that
Edited by bizlaw on 7/3/2009 at 1:00 PM
Expert:
bizlaw
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Answered:
7/3/2009
Attorney
30 years experience corporate, litigation, international
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