Overview
- LSG Baden‑Württemberg upheld a ruling that blocks recovery of about €19,600, citing no gross negligence and the ten‑year limit under §§45/48 SGB X (case L 11 R 103/23).
- The Hessian case (L 5 R 293/21) requires an 85‑year‑old to repay €60,177, with higher courts including the Federal Social Court affirming after finding gross negligence.
- In the Hessen ruling, an automated data match in 2019 uncovered decades of unadjusted dual payments; the woman’s prior work as an insurance clerk weighed against her.
- Both cases involve widows who later drew their own old‑age pensions without timely offsets to the survivors’ benefits, leading to large retrospective claims.
- The reports also outline the current offset rules: a monthly exempt amount of €1,076.86 from July 2025 to June 2026 and a 40% credit of income above that threshold driving recalculations.