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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118110
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Me and my wife put in for food stamps, and I have every

Customer Question

Me and my wife put in for food stamps, and I have every letter they sent and my information saved I gave them, They told me I could get a 295.00 a month, until 2017, then the next day I got one it was 289.00 a month, Then I got one that they are demanding we pay the money back, So I called them, they said it was not base on your information someone in the office made the mistake. So they want me to pay for a mistake they made. And said they would take my Social Security check until it was paid off the amount was 1213.00. What is my option.
JA: What state are you in? It matters because laws vary by location. Has anything been filed or reported?
Customer: Kentucky
JA: Anything else you want the lawyer to know before I connect you?
Customer: I really don't know I have never had to have a lawyer before.
Submitted: 11 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Legally, the director of social services can waive reimbursement and penalties if a mistake was made by their office. You would need to file a written appeal to the Director of Social Services and explain the circumstances, provide copies of all proof you have from them, and provide a financial statement showing your assets and finances. You would then ask the Director to waive reimbursement, penalties, interest based on this being their error and the "significant financial hardship" such reimbursement would cause. If the director denies you, then please go to your local senior center or legal aid office as they have attorneys available that can assist you in obtaining the waiver of the reimbursement based on it being the fault of the agency and not your fault.
However, absent you proving significant financial hardship, legally even if they made the error, you are liable for reimbursing them for benefits you received that you should not have received. So, if your financial hardship is denied, you would have to work a payment plan with them.
Customer: replied 11 months ago.
Thank you for your time, I need to do some research and prepare to meet them.
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your reply.
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