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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116790
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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The actuaries that handled penions for the town my husband

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The actuaries that handled penions for the town my husband was employed in before he died, made a mistake in the amount I received after his death. The mistake was discovered five years later when the town fired the actuaries and hired a different company. The amount I received was reduced and I received that amount for another two years. At that time, I was notified that I had to repay $70,000. The attorney I hired stated that I am unable to repay the amount in full and we offered to repay it in installments that I could afford. The town refused and cut my pension by 75 percent a month. This has caused me a severe hardship and I am unable to pay my rent or living expenses. My small savings account is dwindling. Is there a maximum amount that can be withheld? My attorney advised that my only recourse is to sue the town. I am eighty-seven years old and in poor health. I am physically and emotionally unable to do this. Thank you for any advice you can give me.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

I am afraid that your attorney is correct, since there is no maximum they can withhold for reimbursement of an overpayment of benefits. If you decide to sue, it would be your attorney doing the work for you and you would have to do very little, so do not think you are not able to do this. You would have to sue the city for negligence of their employees and seek to have the town held liable for the error and a court to order that you cannot be held liable. Your attorney is on the right track and you need to listen to him and engage his assistance to pursue this matter.

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