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  1. #1
    Join Date
    Apr 2015
    Posts
    10

    Default 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.

  2. #2
    Join Date
    Feb 2014
    Location
    RTR/WDE
    Posts
    1,724

    Default Re: Disputing a Judgment for Alleged DHHS Overpayments

    Sue anyone who told you life is fair.

    Were there over-payments?

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default 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.

  4. #4
    Join Date
    Mar 2013
    Posts
    18,340

    Default 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.

  5. #5
    Join Date
    Jun 2014
    Posts
    3,212

    Default Re: Disputing a Judgment for Alleged DHHS Overpayments

    Was there any overpayment?

  6. #6
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default 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)

  7. #7
    Join Date
    Apr 2015
    Posts
    10

    Default Re: Disputing a Judgment for Alleged DHHS Overpayments

    how do I file a petition with district court?

  8. #8
    Join Date
    Feb 2014
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    RTR/WDE
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    1,724

    Default Re: Disputing a Judgment for Alleged DHHS Overpayments


  9. #9
    Join Date
    Apr 2015
    Posts
    10

    Default 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.

  10. #10
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default 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.

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