Corr ex rel. Corr v. Sullivan

725 F. Supp. 413, 1989 U.S. Dist. LEXIS 14207, 1989 WL 143271
CourtDistrict Court, N.D. Indiana
DecidedNovember 29, 1989
DocketCiv. No. S84-689
StatusPublished
Cited by1 cases

This text of 725 F. Supp. 413 (Corr ex rel. Corr v. Sullivan) is published on Counsel Stack Legal Research, covering District Court, N.D. Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Corr ex rel. Corr v. Sullivan, 725 F. Supp. 413, 1989 U.S. Dist. LEXIS 14207, 1989 WL 143271 (N.D. Ind. 1989).

Opinion

MEMORANDUM OPINION AND ORDER

ALLEN SHARP, Chief Judge.

June B. Corr (the “Plaintiff”) (on behalf of her daughter, Joan L. Corr) appeals from the final decision of the Secretary of Health and Human Services (the “Secretary”) concluding that Plaintiff, as her daughter’s (Joan’s) representative payee, had received excess Child’s Insurance Benefits totaling $ 1,388.20, and that recovery of this amount from the Plaintiff may not be waived. Jurisdiction over Plaintiff’s petition for judicial review is conferred on this court by 42 U.S.C. § 405(g).

I.

On October 6, 1983, Plaintiff was notified by the Social Security Administration (SSA) that she had received an overpayment of Child’s Insurance Benefits on behalf of her daughter, Joan L. Corr (R. 94). A reconsideration determination explained that the overpayment had resulted from Joan’s excess earnings in 1981, the year she attained the age of 18 and lost her entitlement to benefits (R. 107-09, 131). Plaintiff challenged her obligation to repay. Plaintiff subsequently requested a hearing, which was held before an administrative law judge (AU). In a decision issued April 20, 1984, the ALJ concluded that Plaintiff had received an overpayment, that she was not without fault in receiving and accepting the [414]*414overpayment, that she had received the benefits as representative payee for Joan, that she had used the benefits on Joan’s behalf, and that recovery of the overpayment was not waived (R. 66). That decision became the final decision of the Secretary on September 4, 1984, when the Appeals Council denied Plaintiffs request for review. In November, 1984, Plaintiff commenced the present action for judicial review, electing to proceed pro se. In July, 1987, this court remanded the case for a new hearing and instructed the AU to determine the precise amount of the overpayment and whether the overpayment should be waived. On remand, the AU found that Plaintiff was overpaid, on Joan’s behalf, in the amount of $ 1,388.20, and that recovery of this amount from the Plaintiff, as Joan’s representative payee, may not be waived (R. 210). That decision became the final decision of the Secretary on July 5, 1988, when the Appeals Council again denied Plaintiff’s request for review (R. 191). Plaintiff appeals that determination and petitions this court to reevaluate the AU’s conclusion. In accordance with this circuit’s rule in Lewis v. Faulkner, 689 F.2d 100 (7th Cir.1982), the pro se Plaintiff has received due and timely notice of the consequences of failing to respond with affidavits to the Secretary’s motion for summary judgment. In fact, on September 19, 1989, within two weeks after the Secretary filed his summary judgment motion, and then again on November 9, 1989, Plaintiff filed responses to the defendant’s dis-positive motion. Plaintiff also filed a motion for consideration of the case’s important facts.

II.

The Act itself provides the standard of review to be applied in this case: “The findings of the Secretary as to any fact, if supported by substantial evidence, shall be conclusive.” 42 U.S.C. § 405(g). Thus, Plaintiff must reimburse the Social Security Administration (SSA) for overpayments made on Joan’s behalf if this court finds the AU’s decision grounded in substantial evidence. Substantial evidence is that quantum of relevant evidence which “a reasonable mind might accept as adequate to support a conclusion.” Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 1427, 28 L.Ed.2d 842 (1971).

The Act provides that, whenever more than the correct amount in benefits has been paid to a recipient, the Secretary shall require the overpaid person to refund the excess amount. 42 U.S.C. § 404(a); 20 C.F.R. §§ 404.501-404.502. To mitigate the potential harshness of this recovery rule, the Act further provides that

[i]n any case in which more than the correct amount of payment has been made, there shall be no adjustment of payments to, or recovery by the United States from, any person who is without fault if such adjustment or recovery would defeat the purpose of this sub-chapter or would be against equity and good conscience.

42 U.S.C. § 404(b); see 20 C.F.R. § 404.506.

Plaintiff’s pro se complaint alleges she should not be held legally liable for repayment because (1) all funds received were earmarked for, and indeed were spent on, Joan’s behalf, and (2) Plaintiff’s financial hardship renders her unable to repay this obligation. The court is mindful of its obligation liberally to construe a pro se litigant’s complaint so that her claims are given “fair and meaningful” consideration. Caruth v. Pinkney, 683 F.2d 1044, 1050 (7th Cir.1982), quoting Madyun v. Thompson, 657 F.2d 868, 876 (7th Cir.1981). The court addresses each allegation in turn.

III.

The Act itself does not expressly provide for a cause of action to recover overpayments from a representative payee. But where a statute provides for payments to a beneficiary’s representative, the court may reasonably infer that Congress also intended for recovery from that representative of any overpayments. Thus, this court finds the statutory scheme to provide a cause of action against a representative who is “at fault” for receiving over-payments. See Abrams v. Schweiker, 543 F.Supp. 589, 592 (N.D.Ga.1982).

[415]*415The term “fault” contemplates a culpable representative who knowingly has acted improperly (say, by receiving over-payments) in light of her then-relevant circumstances, including age, intelligence, education, and physical and mental condition. 20 C.F.R. § 404.507. For purposes of the Act’s fault provisions, therefore, ignorance of the law is an excuse.

As representative payee, Plaintiff was charged under the law with notifying the Secretary of Joan’s excess earnings that would reduce the amount of Child’s Insurance Benefits she was entitled to receive. During the applicable period, January-June, 1981, the earnings limit was $ 4,080 per year, or $ 340 per month. The AU noted that Joan’s earnings from her high school job exceeded the exempt amount in each month during this period, except April (R. 203). Because he found Plaintiff at fault for not reporting Joan’s extra earnings, the AU, accordingly, found Plaintiff liable for reimbursing the excess sums paid during the months January to March, and May to June.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Signer v. Indiana University Foundation
741 F. Supp. 165 (S.D. Indiana, 1990)

Cite This Page — Counsel Stack

Bluebook (online)
725 F. Supp. 413, 1989 U.S. Dist. LEXIS 14207, 1989 WL 143271, Counsel Stack Legal Research, https://law.counselstack.com/opinion/corr-ex-rel-corr-v-sullivan-innd-1989.