Legal Advise NEEDED/ fighting social services
in 1983 I applied for food stamps for a 17 yr old son who was living with me and a full time student. he was approved and we did receive benefits for about a yr. Now later social service dept is saying that was a mistake on their part and students arent eligible when full time students. Now today we receive a letter , a bill for 2,000, saying if we dont pay they will take his tax returns, etc. he was underage during the intial inception of the benefits , then turned 18 right at the end of the benefit period. they want to collect from him as they cannot get it from me. im on ssi. we dont believe we should be responsible as it was the social service depts error. NEED legal advice. you guessed it. we cant afford to pay back this alleged dept nor pay a lawyer either. anybody, help !!!:hmmm:
Re: Legal Advise NEEDED/ fighting social services
I believe if you go to the place on Pallen they have a list of lawyers who specialize in this that are pro bono. I know I saw a list of some sort there for attorneys to help with social service issues.
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Posted in reply to the post by Rucira:
in 1983 I applied for food stamps for a 17 yr old son who was living with me and a full time student. he was approved and we did receive benefits for about a yr. Now later social service dept is saying that was a mistake on their part and students arent eligible when full time students. Now today we receive a letter , a bill for 2,000, saying if we dont pay they will take his tax returns, etc. he was underage during the intial inception of the benefits , then turned 18 right at the end of the benefit period. they want to collect from him as they cannot get it from me. im on ssi. we dont believe we should be responsible as it was the social service depts error. NEED legal advice. you guessed it. we cant afford to pay back this alleged dept nor pay a lawyer either. anybody, help !!!:hmmm:
Re: Legal Advise NEEDED/ fighting social services
1983? Is there no statute of limitations?
Also, the person involved was a minor? That means he was not eligible to engage in a legally binding contract. Seems the dear govt. did make a mistake. Now they should give up on it.
Have him answer the letter. Don't do it yourself. He should declare that he never entered into a contract with them and he never received benefits from them as an adult. (Hopefully that's actually true, but it's unlikely they have documents to support what they're saying anyway.)
I don't see they have a legal leg to stand on. Doesn't mean they can't play Hel with his life.
He should answer the letter, then next time he gets a chance he should call Len Tillem on KGO. He's a lawyer and gives out free advice. Check the KGO website for the next time he's on. I do think he'll be on this weekend, usually both Saturday and Sunday, but you'll have to check. Len will help him out.
Good luck. This really stinks.
-Jeff
PS. When you call a radio talk show, if you want to get on, call ten minutes BEFORE the show starts and wait on hold for your chance. If you wait until the show is half over you'll never get on.
Re: Legal Advise NEEDED/ fighting social services
If you do nothing, they WILL take the money out of his tax returns. He is liable for all benefits he recieved AFTER he turned 18, regardless of who signed the contract or when it was signed. Unless he can prove that he never recieved the benefits or that he returned them, they will probably attach his tax returns. (I do not know if a statute of limitations applies.) If you do nothing, they are likely to take the full amount they say is owed.
I have had to fight social services several times. If it is their error and you keep on top of it, they usually back off. If you don't fight, you pay. As long as the case is open and contested, they might not be able to tap federal monies (the bulk of most tax returns.) If you or your son ever ask for benefits again, they will deduct what they say you owe before you get anything which could jepardize your SSI.
If you contest it immediately and politely, they may see their error and back off. If the case is this old, they don't care about you, your son or even the money, they just want to close the file.
Make your case as clear and consise as possible, if need be, ask for a hearing. Whatever you do, don't ignore it and don't make it easy for them to get any more information than they already have. They can access bank records, social security files and DMV records. :(: (Thank-you Patriot Act.)
You are not alone. Sonoma County went after me a few years ago. It was their error and they waited 5 years. I no longer had the paperwork I needed to prove it. I got pissy, lost the case and haven't gotten a state income tax return since. (It was under $500 and they didn't attach my federal income tax return.)
I have also successfully fought them over my mother's SSI payments and my daughter's trust fund. Each time, I recieved a little bit of assistance from a variety of sources. A little help from a lot of people was enough.
Good Luck. Let us know how it comes out.
Re: Legal Advise NEEDED/ fighting social services
What or where is Pallen? I need legal advice too. Is this place just for landlord/tenant disputes? I have bigger fish to fry.
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Posted in reply to the post by shellebelle:
I believe if you go to the place on Pallen they have a list of lawyers who specialize in this that are pro bono. I know I saw a list of some sort there for attorneys to help with social service issues.
