Legal Aid Attorney Waives $47,000 Fee for her client in Railroad Retirement Overpayment Case.
Bucks County Division of Legal Aid’s elder law attorney Allison McConnell, Esq., recently assisted in the dismissal of a $47,000 overpayment fee from the Railroad Retirement Board for her elderly client. This dismissal came after numerous persistent phone calls, letters and a final telephone hearing, but was eventually won, allowing McConnell’s client to keep what savings she had, as well as her home.
The 85 year old client first contacted McConnell’s office reporting that the Railroad Retirement Board was asking her to immediately pay back an overpayment of $47,000 which had accumulated since 1993 when she and her husband divorced. According to the Board, the pension payments should have decreased following the divorce. The client was unaware that the amount she was receiving for the past 16 years was too high and believed the divorce attorney had handled everything regarding the pension as discussed in the divorce settlement. Now living only on social security income and her Railroad Retirement pension, she had no way to repay this large sum and had no idea how she was going to repay this amount and keep up with her household and medical expenses.
After McConnell requested a Review of the Facts and Waiver of the fee, and then appealed the Board’s denial, the client was ultimately granted a telephone hearing on the matter with an administrative law judge. Following a hearing in which the client and her attorney presented information, the client won her argument and the Retirement Board waived the $47,000 overpayment.
This is just one of many cases that Legal Aid of Southeastern Pennsylvania is able to celebrate as a victory for clients and their families. To learn more about Legal Aid’s work with elder law, or to hear more case stories click here to view Legal Aid’s recently published 2008-2009 Annual Report.