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Saturday, October 22, 2011

MINDY JACOBSON, ET AL. VS. UNITED STATES OF AMERICA ET AL. A-1605-10T1

MINDY JACOBSON, ET AL. VS. UNITED STATES OF AMERICA ET AL.

A-1605-10T1

We hold that the United States enjoys sovereign immunity from liability for damages arising from the Social Security Administration's failure to withhold disability benefits payments pursuant to a state child support garnishment order.

The Law Division granted summary judgment in favor of plaintiff, who sued individually and on behalf of her minor daughter, for whom child support was awarded, ordering the federal government to pay them compensatory damages, pre- judgment interest, and counsel fees and costs. We reverse and hold that plaintiff's claim is barred by sovereign immunity under 42 U.S.C.A. § 659. 10-18-11