Legal Opinion

Fontanez v. United States Social Security Administration

District Court, District of Columbia

Decided September 16, 2020No. Civil Action No. 2017-2844Published

1Opinion of the Court

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA FERNANDO FONTANEZ, Plaintiff, v. Civil Action No. 17-2844 (RDM) U.S. SOCIAL SECURITY ADMINISTRATION, Defendant. MEMORANDUM OPINION AND ORDER Sometimes, the Social Security Administration (“SSA”) pays someone too much money. Receiving a too-large check from the agency is not like drawing the “bank error in your favor” card in Monopoly. Under the Social Security Act (“Act”), the beneficiary must repay the government for any money received beyond what was owed. See 42 U.S.C. § 404(a)(1)(A). But the SSA cannot recover overpayments if the…

2Cases cited32 opinions

  1. Erickson v. PardusSupreme Court of the United States · 2007
  2. Richardson v. PeralesSupreme Court of the United States · 1971
  3. Mathews v. EldridgeSupreme Court of the United States · 1976
  4. Biestek v. BerryhillSupreme Court of the United States · 2019
  5. Jones v. BockSupreme Court of the United States · 2007

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