Overview
- In Hesse, a widow must repay €60,177.15 after courts up to the Bundessozialgericht agreed she received too much for about 20 years following the start of her own old-age pension.
- Judges cited gross negligence in the Hessian case, noting the claimant admitted knowing of a duty to report and had worked as an insurance clerk (Az.: L 5 R 293/21).
- By contrast, the LSG Baden-Württemberg blocked a roughly €19,600 reclaim, affirming strong trust protection where the claimant had disclosed her benefits and both pensions were paid by the same authority (Az.: L 11 R 103/23).
- The Baden-Württemberg court found no gross negligence, pointing to unclear notices, long-standing annual adjustments, and only small monthly differences that a layperson might not detect.
- The decisions turn on §§ 45 and 48 SGB X and the ten-year limit, with automated data checks surfacing old overlaps as outcomes hinge on disclosure, clarity of notices, and beneficiary conduct.