What is the statute of limitations regarding food stamp overpayment?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What is the statute of limitations regarding food stamp overpayment?
My mother-in-law just received a notice from the state that she was overpaid in food stamps from over 20 years ago. Is there statute of limitations, or what route would she need to go to get this taken care of? In IL.
Asked on September 28, 2010 under Bankruptcy Law, Colorado
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Your Mother in Law needs to go and see an attorney in Illinois on this matter at once. Food stamp overpayment must be paid back no matter whose fault the overpayment was. BUT how it is classified - agency error or client error - will matter on the issue of statute of limitations on collection. In fact, it is my understanding that DHS cannot collect agency error over payments for any month that is more than 12 months before the date when the overpayment was discovered. For example: DHS finds an agency error overpayment on June 1, 2005 for a person who was on food stamps from January 1, 2003 through January 1, 2004. DHS cannot collect that overpayment because the food stamps were paid were more than 12 months before DHS discovered the overpayment. This example is from the Illinois Legal Aid website so I would start by contacting them. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.