Bankruptcy Ct. did not err in finding that defendant-SSA properly recovered $17,385 of its overpayment of benefits to plaintiff-debtor from award of back-benefits it owed to plaintiff, even though July 30, 2014 recovery/set-off occurred within 90 days prior to plaintiff filing bankruptcy petition. Record showed that on July 30, 2014, SSA informed plaintiff that she was entitled to $19,400 in disability payments that had accrued at rate of $1,440 per month beginning in May of 2013. All elements for instant set-off were present where SSA’s claim against plaintiff and plaintiff’s award of back benefits occurred prior to filing of bankruptcy petition. Ct. rejected plaintiff’s claim that SSA had improved its petition by entire $19,400 during said 90-day period, where Ct. found that back-benefit award had actually been accruing since May of 2013. Moreover, Bankruptcy Ct. properly directed SSA to return only $2,015 of $19,400 that it took as offset, since SSA had only improved its position by $2,015 (through growth of back pay award) during relevant 90-day period.
