United States Fifth Circuit

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Benjamin v SSA, 18-20185

Reversed and remanded. Plaintiff received over-payment of Social Security disability payments and the SSA sought to recoup the over-payment. Plaintiff claimed that the SSA collected the over-payment before considering plaintiff's waiver request. Plaintiff also filed for bankruptcy and lodged an adversarial proceeding against the SSA which the bankruptcy court dismissed. The issue for the Fifth circuit was whether the bankruptcy court had jurisdiction to hear plaintiff's claims. The Fifth circuit ruled that the bankruptcy court had jurisdiction and remanded to the bankruptcy court.

Appellate Information

  • Decided
  • Published 2019/05/10

Judges

  • Clement

Court

  • United States Fifth Circuit

Counsel


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