Complaint — No. 1:24-cv-06133 (Dkt. 1, N.D. Ill.)

Summary

A complaint filed July 20, 2024 as Document 1 in United States v. Diane Jackson, Civil Action No. 24 CV 6133, in the U.S. District Court for the Northern District of Illinois, Eastern Division. The United States, acting through the Treasury Bureau of the Fiscal Service on behalf of HHS-CMS, sues to recover a debt for a Medicare overpayment. The complaint states that a notice of intent to refer the debt was sent on August 6, 2018 for $4,576.88, and that as of 5/20/24 the debt is $4,500.00 in principal and $2,781.52 in interest at 10.25%, for a total due of $7,281.52.

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       Case: 1:24-cv-06133 Document #: 1 Filed: 07/20/24 Page 1 of 3 PageID #:1




                                UNITED STATES DISTRICT COURT
                                NORTHERN DISTRICT OF ILLINOIS
                                      EASTERN DIVISION

UNITED STATES OF AMERICA,
                  Plaintiff,                          Civil Action No. 24 CV 6133
          v.


DIANE JACKSON
                    Defendant.
_______________________________________
                                              COMPLAINT
      The plaintiff, the United States of America, by and through one of its attorneys for the

Northern District of Illinois, Nathan Lollis, Esq., of Schuerger Law Group, sets forth its Complaint

against the defendant, Diane Jackson, and states as follows:

                                              COUNT I

        1.      This Court has jurisdiction for this case because the United States of America is the

plaintiff (“Plaintiff”). 28 U.S.C. §1345.

        2.      The plaintiff is the United States of America (“Plaintiff”), acting through the

Department of the Treasury’s Bureau of the Fiscal Service (“Treasury”) on behalf of the U.S.

Health & Human Services, Centers for Medicare and Medicaid Services (HHS-CMS). The debt

was referred to the Treasury in accordance with the Debt Collections Improvement Act of 1996

(“DCIA”). 31 U.S.C. § 3701 et seq.

        3.      The defendant, DIANE JACKSON (“Defendant”), is an individual currently

residing at 1236 S. Keeler Ave, Chicago, Illinois 60623, which is located within the Northern

District of Illinois.
      Case: 1:24-cv-06133 Document #: 1 Filed: 07/20/24 Page 2 of 3 PageID #:2




       4.       On August 6, 2018, HHS-CMS sent a Notice of Intent to Refer Debt to Treasury

for a medicare overpayment to Defendant in the amount of $4,576.88. Ex. A, Certificate of

Indebtedness, p. 1.

       5.       Plaintiff is authorized to recover medicare overpayments in federal court. 42

U.S.C. § 1395ddd.

       6.       On September 5, 2018, HHS-CMS referred the debt to Treasury for collection.

Treasury then referred the debt to DOJ for litigation and collection on October 12, 2018.

       7.       On October 15, 2018, Treasury sent a demand letter to the Defendant in the amount

of $4,698.52.

       8.       On July 7, 2021, Treasury Debt Management Services referred the claim to the U.S.

Department of Justice in the amount of $4,500.00 with a daily interest accrual of $1.27.

       9.       The Certificate of Indebtedness is correct as of May 20, 2024, and includes any

applicable interest, penalties, administrative fees, and DMS & DOJ fees. Id. at p. 2.

       10.      The debt owed to the United States of America is as follows:

                Current Principal                           $4,500.00

                Current Interest (at 10.25%)                $2,781.52

                TOTAL DUE (as of 5/20/24)                   $7,281.52

       Id. at p. 2.

       11.      Demand has been made upon Defendant for payment of the indebtedness and

Defendant has neglected and refused to pay the same.

       12.      Additionally, Defendant has failed to appeal the determination or exhaust

administrative remedies.
      Case: 1:24-cv-06133 Document #: 1 Filed: 07/20/24 Page 3 of 3 PageID #:3




       13.     For the civil penalties assessed, Plaintiff is entitled to applicable interest,

penalties, administrative fees, and Treasury fees pursuant to 29 U.S.C. § 666; 31 U.S.C. §

3717(e) and 31 U.S.C. § 3711(g)(6), (7); 31 C.F.R. § 285.12(j) and 31 C.F.R. § 901.1(f); and 28

U.S.C. § 527; and 31 C.F.R. 901.1(f).

       WHEREFORE, the United States respectfully request that this Court enter a judgment

against Defendant and in favor of the Plaintiff in the amount of $7,281.52, plus prejudgment

interest through the date of judgment, all administrative costs allowed by law; all attorney’s fees

allowed by law; court costs and for such other relief which the Court deems proper.



                                               Respectfully submitted,

                                               By:/s/ Nathan Lollis, Esq., Esq.
                                               Attorney for the Plaintiff
                                               Private Counsel – U.S. Department of Justice
                                               Schuerger Law Group
                                               72 S. La Grange Rd., Ste. #7
                                               La Grange, IL 60525
                                               Email:nlollis@schuergerlaw.com
                                               Copies: efiling@schuergerlaw.com
                                               P 312-789-4207
                                               F 877-788-9871

Dated: July 20, 2024


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