Legal Aid Preserves Income for Social Security Recipient

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Assisting those in need at a legal clinic.

Ms. Lynnell Lovell is a resident of Elyria and a Social Security recipient. In late 2006 Ms. Lovell received a letter from the Social Security office, informing her that she was due a $4,512 payment. Ms. Lovell immediately called to confirm the money was indeed hers. She was told by the Social Security office that she was owed after being slighted from 2002 to 2004. The money was deposited into Ms. Lovell’s account. She called once again to reconfirm she was allowed to spend it. Ms. Lovell had good reason to wonder if the money truly belonged to her – once before she had been issued an overpayment by Social Security, only to be asked to return the money. This time, however, the Social Security office assured the money was hers. Ms. Lovell purchased things she needed for her home – living room furniture, a second-hand washer and dryer, and a mattress. She also put $1,000 aside for emergency use.
Soon after, the Social Security office told Ms. Lovell that the money was not hers and demanded repayment. They began garnishing her checks to regain the amount, reducing Ms. Lovell’s monthly payment to $46.

In February 2008 Legal Aid paralegal Evanessa Cordero, under the supervision of an attorney, accompanied Ms. Lovell to an informal hearing where a Social Security representative agreed to take $20 out of each check until $3,512 was returned; Ms. Lovell would be allowed to keep her emergency fund. In March, however, Ms.
Lovell received a letter saying the agency intended to recoup the total amount, totally disregarding the agreement made at hearing. Ms. Codero contacted the Social Security caseworker on Ms. Lovell’s behalf and demanded her client receive a letter confirming the original agreement within thirty days. Ms. Lovell was assured she would receive such a letter and thirty days later, she did. The case, which went on for over a year, was closed this past June. Ms. Lovell says she was hesitant at first to ask for assistance, unsure that anyone would help her fight. Now reflecting on the case she says, “I’m very glad that I did.”

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