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TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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My mother and her husband recieved retirement benefits from

Resolved Question:

My mother and her husband recieved retirement benefits from a company that he worked at for 25 years. They received benefits for 3 to 4 years before the company noticed a mistake of the amount being paid out to be more than what he should have gotten. This all happened within the past 6 months and since then my mothers husband has passed away. She now is getting letters stating she needs to pay the company back the money which they paid him over for 3 years which is a sum of over 50,000. They do not own a home nor does she have the money to pay back the amount. Do they have anything to stand on and is she responsible for the mistake that they have made. They do admit to making the mistake in a letter. She lives in the GA area and her husband pulled benefits from PA.
Submitted: 8 years ago.
Category: Legal
Expert:  TexLaw replied 8 years ago.

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.

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