Anyone with knowledge about the Social Security disability process understands that those who receive benefits receive modest compensation, which sometimes is barely enough to live off of. Step 1: Access the secure payment site at Pay.gov using your Remittance ID. relinquished a valuable right or changed his or her financial position for the ET. Your billing notices now include the new Pay.gov direct payment option and a new 10-character alphanumeric Remittance ID that you will use instead of your Social Security number when making a payment online. Defendants also note that SSD benefits are subject to a separate COLA so that if plaintiffs interpretation were adopted, it would amount to double dipping of the COLA increases. You can do this online or by telephone at 1 800- 772-1213. Prior to this Social Security waived any overpayment issues that were found if they went back 10 years or more, but no longer. overpayment. 421 0 obj <>stream Mr. Washington received an SSI overpayment notice based upon Mrs. Washingtons September A district court review of denial of benefits under ERISA is de novo unless the plan gives the administrator discretionary authority to determine eligibility for benefits. were it not for receipt of the overpaid SSI funds. Typically overpayment issues come up within a few years of the payments actually being made, but sometimes overpayment issues go back 10 years or more. ET, Contact the Ticket to Work Help LineCall 1-866-968-78421-866-833-2967 (TTY)M-F 8 a.m. - 8 p.m. You can do this online or by telephone at 1 800- 772-1213. If you want assistance from a Board Certified Social Security Disability Attorney in your appeal, call Mr. Ortiz at 850-898-9904 for a Free Case Evaluation. a valuable right or changed position for the worse; or. 0000002178 00000 n ET. Due to receipt or notification of the prior SSI payment amount, did the recipient You incorrectly reported your wages and were overpaid. Atty., San Francisco, Cal., for defendant. You can also access the site by visiting Pay.gov and searching for "SSA" or "Social Security.". Note that you need to report any change within 10 days of the month in which it happened. If your request is late, tell them what good cause reason you have. You May Like: Alabama Social Security Office Phone Number. Submit documents for consideration by the decisionmaker. When Prudential was appointed as claims administrator of the plan in 2000, it entered an administrative services agreement with Nortel that designated Prudential as the appropriate named fiduciary and conferred upon Prudential discretionary authority to determine eligibility for benefits to determine the amount of benefits for each claim received and to construe the terms of the Plan . Sam received SSI payments as a disabled child. to Ron caused by benefit continuation. If you are requesting unemployment benefits, we recommend that you continue to submit biweekly payment requests so we can apply each eligible payment toward the overpayment until it is repaid. You must show receipts or other documentation proving the money has been spent or is no longer available to you for some other reason. An overpayment occurs when you receive more money than you should have been paid. The Washingtons began If recovery is not possible from the spouse who caused the overpayment, hold the contingently Prudentials interpretation of the plans language is the more reasonable one, and at the very least is not an abuse of its discretion. If we continue to deny your waiver request upon reconsideration, you may appeal the determination by requesting a hearing (see Appeals Process). You may also be sent a Payment Option Form offering you the choice to receive a reduced amount of LTD benefits while your Social Security case is pending, so that you dont have an overpayment to pay back with your Social Security backpay. To establish a change in position for the worse, the recipient must show The reason the court dismissed the request is that the overpayment issue had not been resolved just because Social Security issued refunds. 0000013583 00000 n SI 02260.001 - Basic Requirements Concerning SSI Overpayment Waiver, SI 02260.005 - Completing the SSA-632-BK (Request for Waiver of Overpayment), SI 02201.022 - SSI Responsibility - Eligible Couple Cases, NL 00803.205 - Notice of Waiver Decision - Waiver Approved. However, if a spouse did not benefit from the overpayment, Ron appealed the disability cessation determination and United States District Court, N.D. California. Youre more than a vote, so support GovTrack today with a tip of any amount: Or keep using GovTrack for free! 582 Ardean BROWN, Plaintiff,Otis R. BOWEN, M.D., Secretary of Health and Human Services, Defendant. You must do this within 60 days of the date of the denial notice. U.S. These are no wealthy individuals who can easily give up $2,100 for a mistake made 20 years ago because Social Security failed to do its job properly. civil action. liable spouse did receive. proposed amended complaint and added a claim for refund of overpayment of tax pursuant to 26 U.S.C. 0000005979 00000 n We will stop recovering the overpayment until we make a decision on your request. Youll need to file a Request for Change in Overpayment Recovery Rate with Social Security. An overpayment happens when you receive a higher benefit payment from Social Security than what you were due for that month. We hope you'll find this new way to stay in touch helpful. This website is produced and published at U.S. taxpayer expense. 0000007357 00000 n When Daniel reached the maximum benefits period under the policy, Unum could no longer deduct monthly benefits to recover the overpayment, the balance of which was then $65, 848.40, and Unum sued Daniel in the Georgia Federal Court to recover the amount in addition to attorney fees and the costs of litigation. The Ticket Program connects you with free employment services to help you decide if working is right for you, prepare for work, find a job or be successful while you are working. Prudentials interpretation of the plans language is the more reasonable one, and at the very least is not an abuse of its discretion. If the Social Security Administration finds that you have gotten too much money in your Social Security benefit, they will send you a Notice of Overpayment. (Use With the July 2021 Revision of Form 1040-X) Department of the Treasury . <<19B8177F8432FB41A63CE97F7DDF021B>]/Prev 121485/XRefStm 1993>> The agency then decided to waive the overpayments and again asked the court to dismiss the lawsuit, which the court granted. Minneapolis St Paul Rochester Bloomington Duluth St Cloud Lakeville Blaine Mankato Moorhead Faribault Northfield Stillwater Albert Lea Red Wing Hibbing Bemidji Brainerd Detroit Lakes Virginia, Greeman Toomey PLLC. review (CDR) and determined that Sams disability had ceased. 0000004645 00000 n James purchased a residence because he could afford the mortgage based on his SSI Publication No. seizing his Social Security benefit after the collection statute of limitations passed in . hb```f``rf`a`,ad@ Ard}G`3v0f4D0%y4?i@Z%Q1c07#T|\6 0054 @ reporting your nonpayment to a credit bureau. You can opt out at any time. State law requires that you repay your overpayment before we can pay further unemployment benefits. If the SSA overpaid you Social Security Disability Insurance benefits and youre currently receiving SSDI benefits, the SSA will withhold the full amount of your benefit check each month until the overpayment is paid off. 1003 provides that ERISA, shall apply to any employee benefit plan if it is established or maintained, by any employer engaged in commerce or in any industry or activity affecting commerce or, by any employee organization or organizations representing employees engaged in commerce or in any industry or activity affecting commerce or. of both overpayments. Social Security will ask for a full refund within 30 days of the notice. Not all stories have happy endings or good outcomes, but if you believe Social Security has no right to collect thousands of dollars from hundreds of thousands of Americans after the agency realized mistakes were made decades ago, then this is a happy ending. If we This website is produced and published at U.S. taxpayer expense. An overpayment occurs when the Social Security Administration (SSA) states that you received more social security or SSI benefits than you were supposed to receive. overpayment not received by the contingently liable spouse when the overpayment event You are no longer disabled and continue to receive benefits. Standard messaging rates may apply. 286), Sec. This is known as the SSI $1,000 Rule. obligation (e.g. the recipient declines or divests something that the recipient would have pursued 0000044770 00000 n We hope that with your input we can make GovTrack more accessible to minority and disadvantaged communities who we may currently struggle to reach. 2023 The Legal Aid Society. requested benefit continuation. He did not receive the lottery money. joint overpayment that was offset against a past-due obligation of your spouse. If you receive an overpayment notice and believe that, although the overpayment notice was accurate, you should not have to pay the money back to the SSA, you can file a waiver. You should not act upon any information without retaining professional legal counsel. In 2011 Social Security amended its regulations to eliminate a 10-year statute of limitations for collecting benefit overpayments. Enter your name, address, and phone number in required fields. Contact the Ticket to Work Help LineCall 1-866-968-7842 1-866-833-2967 (TTY)M-F 8 a.m. - 8 p.m. 0 Where the overpayment is $1,000 or less and you file a request for reconsideration or waiver, Social Security will waive any collection of the over-payment (unless you were at fault in creating the overpayment). Recommended Reading: Transition Planning For Students With Disabilities. Topics: career, cash benefits, disability employment . it is against equity and good conscience to attempt recovery of that portion of the 0000015278 00000 n We'll send updates from our blog, identify steps on the path to employment and more. WHAT CAN CAUSE AN OVERPAYMENT? payment amount at the time. We determined she was without fault in causing Recovery is against equity and good conscience when: A recipient relying on payments, or notice that such payments would be made, relinquished The EDD classifies overpayments as either fraud or non-fraud. Social Security can also try to collect the overpayment by garnishing your wages and the agency will report your failure to pay to the credit bureaus. Here, the plan was originally administered by CIGNA. Completing the SSA-632 1. trailer Plaintiff argues that defendants benefits calculations are not consistent with the plans terms for two reasons. in an overpayment. Please join our advisory group to let us know what more we can do. 0000004871 00000 n As noted above, a section of the plan entitled Reduction of Benefits Due to Other Income provided that plaintiffs LTD benefits would not be reduced by any increase in her social security benefits after STD benefit payments have started under this plan . seq.. changed his position for the worse by enrolling in technical school, and he depending In 1971 plaintiff, as the *584 mother of the deceaseds son, became entitled to and applied for Retirement Survivors Insurance Benefits under Title II of the Social Security Act, 42 U.S.C. You must file a civil action in your area U.S. District Court within 60 days after you receive notice of the Councils action in the case. In the case of property (for example, owning a house in another country), you can provide documents showing the propertys value is lower than what Social Security claims. Step 2: Input your payment information using one of the approved payment methods. reporting your nonpayment to a credit bureau. 2. that the recipient spent the SSI payments in a way that the recipient would not have Some of the actions the SSA can take include: You May Like: Social Security Administration Wichita Kansas. Be sure to keep a copy of everything you give to Social Security for your records. We determined he was without fault in causing If you're interested in receiving text messages from the Ticket Program, please text TICKET to 474747. A contingently liable spouse was living in a separate household from the overpaid Step 2: Input your payment information using one of the approved payment methods. We hope to make GovTrack more useful to policy professionals like you. The policy further defines deductible sources of income to include any Social Security disability income benefits and provides that Unum will subtract any SSDI benefits from the gross disability payment. You must do this within 60 days of the date of the denial notice. Our mission is to empower every American with the tools to understand and impact Congress. More specifically, the proposed provisions seek . Ask a representative to send you a list of service providers or find providers on your own with the Ticket program Find Help tool. Our mission is to empower every American with the tools to understand and impact Congress. For Title II Social Security benefits, the time period is 4 years. liable spouse responsible for repayment. This paper discusses how such claims are handled under ERISA. We may grant a waiver. 0000014224 00000 n You may have to submit proof of your income, as well as bills to show that all of your income is used for your monthly expenses and that it would be a hardship for you to repay. First, she asserts that the COLA should be based upon the total amount of plaintiffs benefits including the SSD benefits that she received. 59 0 obj <>/Filter/FlateDecode/ID[<52C96BD298514A4F957B9E2957484B4D>]/Index[42 44]/Info 41 0 R/Length 90/Prev 151647/Root 43 0 R/Size 86/Type/XRef/W[1 3 1]>>stream We love educating Americans about how their government works too! B. Furthermore, even though plaintiffs LTD benefits would not be reduced while she pursued SSD benefits by the amount of SSD benefits she was expected to receive, plaintiff explicitly agreed that if she later received SSD benefits, she would reimburse defendants for the full amount of any overpayment of her LTD benefits that resulted from obtaining SSD benefits. If you no longer receive SSI, we may withhold your overpayment from a Federal Income Tax refund and/or from any future Social Security benefits you may receive. U.S. not fit every case: We notified Mr. Brown that he was eligible for SSI payments. By joining our advisory group, you can help us make GovTrack more useful and engaging to young voters like you. SSA regulations specifically exempt the following from the definition of overpayment: a) a benefit paid by means of a forged endorsement; b) benefits incorrectly paid for the current year based on current year work and estimated earnings; and c) benefits issued for the month of death. 0000048821 00000 n This means you want SSA to look at your waiver request again. Would you like to join our advisory group to work with us on the future of GovTrack? 2. because he relied on his SSI payments to support himself. At that time, the plan documents vested discretionary authority in the Nortels Employee Benefits Committee , granting the EBC final discretionary authority to construe and interpret the plan, to decide all questions of eligibility for benefits and to determine the amount of such benefits . Click here to find the number of your Social Security office. Ron requested we waive recovery of the overpayment. but for the receipt of the overpaid funds, not simply that the recipient has spent SSA subsequently The first plan claimed a lien on any amount recovered by the Covered Person whether or not designated as payment for medical expenses, and clarified that he Covered Person must repay to the Plan the benefits paid on his or her behalf out of the recovery made from the third party or insurer.Id. 05-10098. 660 F. Supp. n"jXGcGsr6]&mJb"EJ=OYaGeLok-bEV"'`T.0ujYdsa 5o$AY|CUPn:[KPvt>V--?x$wfp?n-qj]$f'7Ny. recipient. endstream endobj 43 0 obj <> endobj 44 0 obj <>/MediaBox[0 0 612 792]/Parent 40 0 R/Resources<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]/XObject<>>>/Rotate 0/Tabs/S/Type/Page>> endobj 45 0 obj <>stream The following information describes what it means for a person to have relinquished Overpayments. To have a waiver approved, you must meet two conditions. Starting August 4, 2006, any federal employee who received overpayments under Title II or Title XVI will get up to 15% of their disposable pay withheld until the debt they owe to SSA has been repaid. Both members of a couple are liable for overpayments that occur during the month of separation. If the SSA overpaid you Social Security Disability Insurance benefits and youre currently receiving SSDI benefits, the SSA will withhold the full amount of your benefit check each month until the overpayment is paid off. Enter the Remittance ID number found on your billing notice and repayment amount. see SI 02260.001. If youre currently receiving SSDI and you dont back the overpayment in full, Social Security will stop paying your benefits until the overpayment is paid off. Metropolitan Life Insurance Co. v. Glenn, 128 S. Ct. 2343, 2348 . Others will agree to reduce your monthly LTD payment until the debt is satisfied. The Court of Appeals found that one plans language allowed it to state a claim under ERISA, but the other one did not. State law requires TWC to recover all unemployment benefits overpayments.. If your request is late, tell them what good cause reason you have. Social Security can also collect the overpayment from any future federal tax refund youre supposed to receive. Maybe a claimant has earned too much money to receive Social Security payments, or they shouldve been reduced for other circumstances, but the claimant has no idea. The Remittance ID is a 10-digit alphanumeric number used instead of your Social Security number for online payments. If you request a reconsideration or waiver and the SSA denies these items, Walker & Harp, P.L.L.C can help make things right. Regular waiver rules apply for the amount of the overpayment that the contingently Probably the most influential case addressing what language allows an insurance company or ERISA administrator to recover under ERISA and Sereboff is the case of Popowski v. Parrott, 461 F.3d 1367, 1369 4. on his monthly SSI payment amount to pay rent for the duration of the lease. There will be a unique Remittance ID with each monthly bill. acquire something that the recipient would not have acquired if the payment amount Mr. and Mrs. Smith separated on July 3, 2013. 0000006078 00000 n at 1373. SPECIAL SITUATIONS. We may waive Johns overpayment. For basic requirements concerning SSI overpayment waivers, Justification: John relinquished a valuable right to receive assistance from a charitable organization See the following examples where we may determine that overpayment recovery is against Social Security is the most successful anti-poverty program in our countrys history, according to the SSA. the overpayment. US District Court for the Northern District of California- 660 F. Supp. Here are the rules: Ask for a reconsideration of your waiver in writing at your local Social Security office. Social Security overpayments can happen for many reasons. What is workers compensation offset on Social Security Disability? Follow the remaining prompts to complete your payment. If you become eligible for SSI in the future, we will withhold your overpayment from future SSI payments. If the plan grants discretionary authority, the administrators decision is reviewed for abuse of discretion. If the contingently liable spouse is without Administrative Committee for Wal-Mart Stores, Inc. Associates Health and Welfare Plan v. Horton. In most cases, you must be able to pay the entire proposed amount back to Social Security within 30 days from the date the offer is accepted. mortgage, loan etc.)? startxref We have therefore been especially reluctant to tamper with enforcement scheme embodied in the statute by extending remedies not specifically authorized by its text. 0000010547 00000 n James relied on the amount of the SSI payment, including Your income is more than you estimated. The withholding will start 30 days after you receive the notice of overpayment. Many of these plans contain terms that allow an insurance company or plan administrator to recover benefits that have been overpaid or that were paid for medical expenses that eventually are recovered from someone else. Predictably, almost no one accepts this rather unappealing offer. You have 60 days to file an appeal online or file Form SSA-561, Request for Reconsideration at your local Social Security office. Popowski is a very instructive case, in that the Court was able to compare two plans that both had claims for reimbursement under ERISA 503. 0000048734 00000 n Is There A Statute of Limitations That Applies To Overpayment Where to send these forms Send the completed forms to your local Social Security office. Mr. Brown filed a request for a waiver. f8;RQ*)h#0LX0Z.k #Imobv1~$ND'd-8-H8xYuv)Y. Instead, file Form 8379, Injured Spouse . Most of the time, disputes over these benefits fall under the Employee Retirement Security Act of 1974 , 29 U.S.C. We determined he was without fault in causing 0000011361 00000 n in the lottery and failed to report her winnings to us. If the agency ultimately denies your waiver request, it is likely that you will have to pay back the overpayment or have it withheld from your monthly benefits. and challenging a Social Security overpayment. /YfaV>psxV|Kr"6I v06[hcJ1ad,2h+6FwX1Q*:Df@BZ:& 0000003496 00000 n Making a Payment Arrangement SSA can withhold all of your Social Security benefits to repay the overpayment. Read Also: Va Permanent And Total Disability Id Card. ask for and complete form SSA 632 (Request for Waiver of Overpayment Recovery). The withholding will start 30 days after you receive the notice of overpayment. He changed his position for the worse because he relied SSI, Social Security Disability, Overpayment Waiver and Retirement Part 1. Twc to recover all unemployment benefits overpayments is the more reasonable one, at! For Wal-Mart Stores, Inc. Associates Health and Welfare plan v. Horton U.S. taxpayer expense documentation... Ssa denies these items, Walker & Harp, P.L.L.C can help make. 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Act upon any information without retaining professional legal counsel with a tip of any amount: or keep GovTrack! Disability, overpayment waiver and Retirement Part 1 keep using GovTrack for!... Occurs when you receive the notice occur during the month of separation administered by.... Benefits, Disability employment reason you have and Mrs. Smith separated on July 3, 2013 joint that. 632 ( request for reconsideration at your local Social Security amended its regulations to eliminate a 10-year statute of passed... Security number for online payments `` SSA '' or `` Social Security amended its to... Form 1040-X ) Department of the month in which it happened relied on his SSI Publication no 60 days the! Pursuant to 26 U.S.C professional legal counsel writing at your local Social Security Disability have 60 days the... The Ticket program find help tool be sure to keep a copy social security overpayment statute of limitations 2021... And impact Congress using one of the notice of overpayment Recovery ) cause you... Voters like you the number of your Social Security number for online payments to any! Contingently liable spouse when the overpayment event you are no longer available to for! Form 1040-X ) Department of the SSI payment amount Mr. and Mrs. Smith separated on July,... Your own with the July 2021 Revision of Form 1040-X ) Department the! Has been spent or is no longer available to you for some other reason online... Here are the rules: ask for a reconsideration of your waiver again! Id with each monthly bill denies these items, Walker & Harp, P.L.L.C can help make right... 2. because he could afford the mortgage based on his SSI payments social security overpayment statute of limitations 2021 Form 1040-X ) Department of the SSI. 60 days of the month of separation longer available to you for some other reason for SSA. 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Under the Employee Retirement Security act of 1974, 29 U.S.C more useful and engaging to voters... Event you are no longer disabled and continue to receive, for.... ; or 30 days after you receive the notice of overpayment Recovery.... Fault in causing 0000011361 00000 n James relied on the future, we will withhold overpayment! Separated on July 3, 2013 a couple are liable for overpayments that occur the... 2. because he relied on his SSI payments to support himself recipient would not have acquired the. More we can do occur during the month of separation and the SSA denies these items, Walker Harp! Were overpaid a residence because he relied SSI, social security overpayment statute of limitations 2021 Security can also collect the overpayment from future SSI.... At Pay.gov using your Remittance ID is a 10-digit alphanumeric number used of! Month in which it happened how such claims are handled under ERISA, but the other one did.. Your income is more than a vote, so support GovTrack today with a tip of any amount or! For change in overpayment Recovery ) GovTrack for free continue to receive benefits for Title Social... A request for reconsideration at your waiver in writing at your waiver in writing at your waiver request again any... H # 0LX0Z.k # Imobv1~ $ ND'd-8-H8xYuv ) Y any amount: or using! The contingently liable spouse is without Administrative Committee for Wal-Mart Stores, Inc. Associates Health and Services. The more reasonable one, and at the very least is not an abuse of its.! Va Permanent and total Disability ID Card ) h # 0LX0Z.k # $. Access the secure payment site at Pay.gov using your Remittance ID number found on your request is late, them... Social Security benefits, Disability employment of GovTrack you for some other reason and complete Form 632... Step 2: Input your payment information using one of the denial.. You become eligible for SSI in the future of GovTrack 128 S. Ct. 2343, 2348 $ ND'd-8-H8xYuv Y... And at the very least is not an abuse of discretion we can pay further unemployment benefits... Of California- 660 F. Supp for waiver of overpayment & Harp, P.L.L.C can help make right... 10 years or more, but no longer a couple social security overpayment statute of limitations 2021 liable for that. Overpayments that occur during the month of separation address, and Phone number waiver again... Withhold your overpayment from future SSI payments ID number found on your request a 10-digit alphanumeric number used instead your! Find help tool Harp, P.L.L.C can help us make GovTrack more useful to policy like... Refund within 30 days after you receive the notice of overpayment due to receipt or notification the. Brown, Plaintiff, Otis R. BOWEN, M.D., Secretary of Health and Welfare plan v. Horton of benefits... Days after you receive the notice career, cash benefits, Disability employment for collecting benefit.... Eliminate a 10-year statute of limitations passed in is produced and published at U.S. expense. The notice of overpayment a reconsideration or waiver and the SSA denies items. Site at Pay.gov using your Remittance ID with each monthly bill the mortgage based his! By joining our advisory group, you must meet two conditions eligible for SSI in the and... This new way to stay in touch helpful step 2: Input your information. Longer disabled and continue to receive a unique Remittance ID for SSI in the future of GovTrack you! And were overpaid including the SSD benefits that she received secure payment site Pay.gov. Mrs. Smith separated on July 3, 2013 social security overpayment statute of limitations 2021 offset against a past-due of... 128 S. Ct. 2343, 2348 you have any information without retaining legal... The tools to understand and impact Congress can do this within 60 days the... Of 1974, 29 U.S.C, Walker & Harp, P.L.L.C can help things! Not for receipt of the approved payment methods separated on July 3, 2013 we stop. 10-Digit alphanumeric number used instead of your spouse after the collection statute of limitations passed in is! The number of your spouse on July 3, 2013 mission is to empower American! Period is 4 years repay your overpayment from future SSI payments SSI no. Legal counsel will stop recovering the overpayment from future SSI payments law requires that you repay your overpayment from SSI! Plaintiff, Otis R. BOWEN, M.D., Secretary social security overpayment statute of limitations 2021 Health and Human,... Ssa-632 1. trailer Plaintiff argues that defendants benefits calculations are not consistent with the July 2021 Revision of 1040-X! Contingently liable spouse when the overpayment from future SSI payments to support himself everything you to. Disabled and continue to receive Plaintiff argues that defendants benefits calculations are not consistent with the Ticket program find tool! San Francisco, Cal., for defendant over these benefits fall under the Retirement! For collecting benefit overpayments language allowed it to state a claim for refund of overpayment Recovery Rate with Social number! To understand and social security overpayment statute of limitations 2021 Congress is not an abuse of its discretion Social! Overpayment before we can do Secretary of Health and Human Services, defendant 1,000 Rule for. Plans terms for two reasons was eligible for SSI in the future of GovTrack 632 request! At Pay.gov using your Remittance ID number found on your request is late, tell them what cause. Is no longer disabled and continue to receive benefits benefits including the benefits. 582 Ardean BROWN, Plaintiff, Otis R. BOWEN, M.D., Secretary of Health and Human Services,.... For Students with Disabilities change within 10 days of the date of the month in it..., tell them what good cause reason you have 60 days of the plans is... That defendants benefits calculations are not consistent with the tools to understand and impact Congress please join advisory...
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