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Disputing a Judgment for Alleged DHHS Overpayments

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  • 09-18-2015, 02:44 PM
    msplaced1
    Disputing a Judgment for Alleged DHHS Overpayments
    My question involves collection proceedings in the state of: NE

    I feel I have wronged by DHHS. Back in March I received a letter from them stating I owed them $1700.00 in food stamp over payments from 8/14-01/15. I called a case worker and asked why? the worker looked up my account and told me they made a mistake and reduced it to $588.00. I appealed it. When I had my case before a judge,by phone. The case worker representing DHHS had no clue how the $588.00 got there,and he didn't have record of the initial $1700.00 demand letter. So he went for the $588.00. The judge ruled in favor for the $588.00, then a few days later I got the demand letter again for the $1700.00. They added it to the $588.00. So now I owe them $2288.00.

    The rep for dhhs made up a false page for the 588.00 to cover his butt. I have proof. I contested and the judge said that the figures didn't add up (there was another page with minus amounts, it was confusing) and ruled in my favor. Well dhhs appealed. A supervisor was brought into the mix with "revised figures" to clean up the mistakes the case worker made. Now I owe $2354.00. Iwasn't allowed to revert to documents from the 2 previous hearings. "That case was closed." Of course the supervisor made everything neat and tidy by "revising" figures so that it adds up on paper.

    This has been such a shady and devious bunch of bs I am sick to my stomach. In order to pursue this matter, I've been told I have to file in judicial district court. This is so not fair. The fact they can mess with people by a system designed to help those in need. Also, the over payments were due to administrative errors. They stated that in there paperwork.

    I want to pursue this. It's so not fair that they can do this to people.
  • 09-18-2015, 02:55 PM
    BooRennie
    Re: Disputing a Judgment for Alleged DHHS Overpayments
    Sue anyone who told you life is fair.

    Were there over-payments?
  • 09-18-2015, 02:56 PM
    Mr. Knowitall
    Re: Disputing a Judgment for Alleged DHHS Overpayments
    If you are describing proceedings within DHHS, in front of an administrative law judge, and you have now exhausted all of your administrative remedies then, as you were told, you can take the matter to a regular trial court and try to convince the judge in that court to rule in your favor. I do not think of that as being a self-help matter -- to do that successfully, I think you will need to retain a lawyer.
  • 09-18-2015, 02:59 PM
    adjusterjack
    Re: Disputing a Judgment for Alleged DHHS Overpayments
    Quote:

    Quoting msplaced1
    View Post


    I want to pursue this.

    You'll need a lawyer.

    Try your local legal aid agency.
  • 09-18-2015, 03:51 PM
    Mercy&Grace
    Re: Disputing a Judgment for Alleged DHHS Overpayments
    Was there any overpayment?
  • 09-18-2015, 04:01 PM
    Dogmatique
    Re: Disputing a Judgment for Alleged DHHS Overpayments
    And when was the last decision handed down?

    - - - Updated - - -

    (Folks, read the post again - there were overpayments)
  • 09-18-2015, 09:25 PM
    msplaced1
    Re: Disputing a Judgment for Alleged DHHS Overpayments
    I will be contacting legal aid first thing Monday. Are there lawyers at legal aid that will deal with these kind of cases? I'm trying to get all my ducks in a row at this point in time. I have a load of ducks. But I'm doing the best I can to prove my side. The last and final judgement was Aug. 28. I have 10 days left to pursue this. I didn't see the part where I was told I had to take it to a judicial court.
  • 09-18-2015, 10:05 PM
    Dogmatique
    Re: Disputing a Judgment for Alleged DHHS Overpayments
    Honestly? I'd be astonished if Legal Aid touched this but it's worth at least a phone call.

    Unfortunately, the information you've been given is correct - if it's already gone before the ALJ (administrative law judge) your options are extremely limited and as unfair as it might seem to you, the fact that it was their mistake doesn't mean that they can't demand the monies are repaid.
  • 09-18-2015, 10:27 PM
    Mercy&Grace
    Re: Disputing a Judgment for Alleged DHHS Overpayments
    Depending on how many times you didn't go by the rules will determine.if and when you may be eligible for food stamps again. If you do receive food stamps and the overpayment isn't paid, they will deduct a percentage of your benefits each month until it is paid in full.
  • 09-19-2015, 09:19 AM
    comment/ator
    Re: Disputing a Judgment for Alleged DHHS Overpayments
    Two dishonesties don't make the first one all right. even if the first caseworker cooked the books in your favor, and then someone else looked at it and decided you owed more, your ranting and raving at the "shady and devious bunch who left you sick to your stomach" doesn't change the fact that you apparently have some type of food stamp fraud going on in the first place.

    They're not going to be nearly so interested in exactly what happened internally as they will be in determining exactly what you did that was fraudulent, and how much you actually were overpaid. That's where you get involved. This is the part that legal aid will help you with. Can you sue them for mismanaging your case, finding that you owed less or more than you really did? NO. Is your wrong all righted because somebody in their office messed up or cooked the books or whatever they did? NO.

    When you agree to receiving public assistance, you give up your privacy and pretty much your "right" to be treated fairly or politely. This you cannot demand. You can't sue because you didn't get it.

    Then, later, after your overpayment decision and penalties have already been set up, totally without your knowledge of what happens, they'll deal internally with the misbehavior or miscalculation of the people who work there. Don't expect them to keep you informed, or to change the laws to absolve you because somebody made mistakes on your case.
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