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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46869 Judge Sweet PLAINTIFF, CONVICTED of extortion in April 1994, applied for retirement benefits and began receiving them in the summer of 1994, after his conviction but before his 18-month sentence began in the summer of 1995. In 1996, the Social Security Administration (SSA) notified him that it was stopping his retirement benefits because he was imprisoned for a felony conviction and that the SSA had overpaid plaintiff $9,577 by erroneously continuing to pay him retirement benefits for the first 13 months of his incarceration in contravention of 42 USC �402(x)(1)(A). The SSA denied plaintiff’s request for a waiver of recovery of the overpayment and plaintiff sued government defendants, claiming the SSA commissioner erred in denying the waiver and that 42 USC �402(x) is unconstitutional. The court dismissed all claims except for plaintiff’s appeal of the SSA’s decision, finding that pro se plaintiff timely served his complaint on defendants and filed his complaint with the court only three days after the deadline.

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