Bankruptcy – SSA Payments

By: Derek Hawkins//September 11, 2018//

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7^th Circuit Court of Appeals

Case Name: Peggy Berg v. Social Security Administration

Case No.: 17-2389

Officials: BAUER, ROVNER, and SYKES, Circuit Judges.

Focus: Bankruptcy – SSA Payments

Shortly before Peggy Berg filed a petition for bankruptcy, the Social Security Administration (“SSA” or “Agency”) reduced the payment of a back-award that it owed to her by the amount of an earlier overpayment that Berg owed to the Agency. Berg contested this setoff because it was taken during the ninety-day period before the filing of her bankruptcy petition. The bankruptcy court concluded that SSA permissibly recovered $17,385 of its overpayment but impermissibly improved its position by $2,015, and ordered the Agency to return that amount to Berg. This court granted a petition to file a direct appeal from the bankruptcy court. We now affirm the judgment of the bankruptcy court.

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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