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JACOBSON v. U.S.

No. A-1605-10T1

29 A.3d 1103 (2011)

422 N.J. Super. 561

Mindy JACOBSON, individually and on behalf of S.J., a minor child, Plaintiffs-Respondents, v. UNITED STATES of America, Defendant-Appellant, and Estate of Steven Tetz and Dawn Houck, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided October 18, 2011.

Attorney(s) appearing for the Case

Michael E. Robinson (United States Department of Justice) of the District of Columbia bar, admitted pro hac vice, argued the cause for appellant ( Paul J. Fishman , United States Attorney, and Mr. Robinson , attorneys; Vernon Norwood , Special Assistant United States Attorney, and Mr. Robinson, on the brief).

Carl G. Archer argued the cause for respondents (Maselli Warren, P.C., attorneys; Paul J. Maselli , Princeton, on the brief).

Before Judges PARRILLO, GRALL and SKILLMAN.

The opinion of the court was delivered by

PARRILLO, P.J.A.D.

At issue is whether the United States enjoys sovereign immunity from liability for damages arising from the Social Security Administration's (SSA) failure to withhold disability benefits payments pursuant to a proper child support garnishment order. The Law Division granted summary judgment in favor of plaintiff Mindy Jacobson, who sued individually and on behalf of her daughter, S.J., for whom child...

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