Thank you for sharing!

Your article was successfully shared with the contacts you provided.
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.

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 1 article* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?

Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.