Coulston v. Apfel

70 F. Supp. 2d 993, 1999 U.S. Dist. LEXIS 17901, 1999 WL 1054745
CourtDistrict Court, S.D. Iowa
DecidedOctober 13, 1999
DocketNo. Civ. 1-99-CV-10017
StatusPublished

This text of 70 F. Supp. 2d 993 (Coulston v. Apfel) is published on Counsel Stack Legal Research, covering District Court, S.D. Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Coulston v. Apfel, 70 F. Supp. 2d 993, 1999 U.S. Dist. LEXIS 17901, 1999 WL 1054745 (S.D. Iowa 1999).

Opinion

ORDER

LONGSTAFF, Chief Judge.

Plaintiff seeks review of the Commissioner of Health and Human Services’ decision denying his request for waiver of overpayment recovery of disability insurance (“disability insurance”) benefits under Title II of the Social Security Act (“the Act”), 42 U.S.C. §§ 401 et seq. Pursuant to 42 U.S.C. § 405(g), this Court may review the final decision of the Commissioner.

I. PROCEDURAL HISTORY

Plaintiff applied for disability insurance in April 1980 due to an intellectual impairment. His claim was granted and benefits awarded effective April 1979. In a letter [995]*995dated January 22,1997, the Social Security Administration (“the Administration”) notified plaintiff that he had been overpaid in the mount of $18,249.00. Plaintiffs timely request for waiver of overpayment recovery subsequently was denied initially and upon reconsideration. Plaintiff then requested a hearing before an administrative law judge (“ALJ”). In a written order dated November 14, 1997, the ALJ found that plaintiff was not without fault regarding the overpayment and recovery, and denied plaintiffs request for a waiver. On February 26, 1999, the Appeals Council denied plaintiffs request for review. The ALJ’s decision thus stands as the final decision of the Commissioner. Plaintiff filed this action for judicial review on April 2,1999.

II. BACKGROUND

As set forth above, plaintiff began receiving disability insurance benefits in April 1980, for a disability commencing in April 1979. Tr. 13, 32. The record reflects that approximately three years after his initial receipt of benefits, plaintiff received a $4,000 overpayment, which he paid back in $100 increments. Tr. 32-33. Otherwise, plaintiffs disability payments continued without incident for more than sixteen years.

The present action concerns a second overpayment that occurred in late 1996. Specifically, around November 25, 1996, plaintiff received a check from the Administration in the amount of $20,658.00. Tr. 42-43. Within several days thereafter, plaintiff also received a notice from the Administration explaining that plaintiff had been underpaid through October 1996, and was entitled to a additional lump sum benefit of $20,658.00. Tr. 104. The notice also stated that plaintiff would begin receiving an increased monthly benefit of $1,595.00.1 Id.

Plaintiff testified at the hearing that because he is illiterate, his ex-wife read the check and letter to him. Tr. 34. Both plaintiff and his ex-wife believed the check was for $2,000.00, and that it was compensation to which he was entitled for discontinuing his “medical assistance,” — presumably, Medicare. Tr. 44. Plaintiff testified that he had terminated his “medical assistance” at some point before receiving the check, although he could not remember the exact date. Tr. 44.

Plaintiff testified that it was not until he and his friend Jim Ruby took the check to a bank that he learned the check was in fact for $20,000. Tr. 34-35, 44. The bank would not cash the check because plaintiff did not have an account there, so Mr. Ruby suggested plaintiff open an account at United Credit Union in Council Bluffs. Tr. 37-37, 116. Plaintiff testified this was the first and only “bank” account he had ever owned. Tr. 51. Thereafter, he made daily withdrawals of all but $5,000 of the initial $20,000, and used the money to pay bills and buy Christmas gifts. Tr. 38, 51.

Both plaintiff and his ex-wife maintain that plaintiff called the local Administration office approximately two weeks after receiving the check, and that an Administration representative confirmed that his benefits had been increased to $1,595.00. Tr. 49. It is not clear whether plaintiff asked the representative about the lump sum check. The Administration acknowledges plaintiff and his wife contacted the office several times after receiving the overpayment, but denies that an agency representative told plaintiff he could keep the check. Tr. 122. Rather, the Administration claims its representatives repeatedly told the Coulstons the check was issued in error and must be repaid. Id.

Plaintiff returned the remaining $5,000 to the Administration on or about December 11, 1996. Tr. 116. More than one month later, in a notice dated January 22, [996]*9961997, the Social Security Administration formally notified plaintiff that he had been overpaid in the amount of $18,249.00, and informed plaintiff that if he did not repay the entire amount within 30 days, the Administration would withhold his entire benefit check each month until the overpayment was fully recovered. Tr. 106-09.

In his request for a waiver of overpayment, Mr. Coulston argues that he reasonably relied on agency representations that he was entitled to the check, and therefore, is without fault regarding the overpayment.

III. FINDINGS OF THE COMMISSIONER

The ALJ found plaintiff was overpaid benefits in the amount of $16,608 in October, November and December 1996. Tr. 17. The ALJ determined plaintiff “could have been expected to know that the payment was incorrect,” and that plaintiff was not “without fault” in accepting the overpayment. Tr. 17. Specifically, the ALJ reasoned:

[T]he fact remains that Mr. Coulston, Ms. Coulston, and Mr. Ruby realized the significance of the check soon after it was received; Mr. Coulston has apparently managed his SSA benefits without the assistance of a representative payee; Ms. Coulston and Mr. Ruby are seemingly capable of managing their own finances and advising Mr. Coulston; and Mr. Coulston and Mr. Ruby should have questioned the check, particularly when the bank declined to negotiate it.

Tr. 17. The ALJ therefore concluded that recovery of the overpayment may not be waived, but specified that recovery “be accomplished by means that will not cause hardship to Mr. Coulston or his family.” Tr. 17-18.

IV. APPLICABLE LAW AND DISCUSSION

A. Guiding Law

A court must affirm the decision of the Commissioner if substantial evidence on the record as a whole supports the decision. 42 U.S.C. § 405(g) “Substantial evidence is less than a preponderance, but enough so that a reasonable mind might accept it as adequate to support a conclusion.” Johnson v. Chater, 108 F.3d 942, 943 (8th Cir.1997). A court may not reverse merely because substantial evidence would have supported an opposite decision. Locher v. Sullivan, 968 F.2d 725, 727 (8th Cir.1992). “If, after review, we find it possible to draw two inconsistent positions from the evidence and one of those positions represents the Commissioner’s findings, we must affirm the denial of benefits.” Mapes v. Chater, 82 F.3d 259, 260 (8th Cir.1996).

B. Whether Plaintiff is Entitled to a Waiver

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70 F. Supp. 2d 993, 1999 U.S. Dist. LEXIS 17901, 1999 WL 1054745, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coulston-v-apfel-iasd-1999.