[CLBS] Social Security Recoupment

[Tyler S. Wirick]

All,

Here is the situation: client is filing bankruptcy but owes the Social Security Administration for an overpayment. There is no fraud involved in the overpayment, and the debtor will continue to receive SSDI after his discharge. What percent of the defendant's check can be withheld each month under the theory of recoupment? I understand  the rate is 10% if the recoupment is exclusively for SSI, but I cannot seem to locate the percentages for SSDI. Thanks in advance. 

Best regards,

Tyler S. Wirick
Law Offices of Tyler S. Wirick
250 Northwest Blvd. Suite 107A
Coeur d'Alene, Idaho 83814
Telephone: (208) 292-4200
Fax: (208) 292-4201
tyler.wirick at wiricklaw.com


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