Patrick V. v. Commissioner of Social Security, 2:19-CV-00776-MAT. (2019)
Court: District Court, D. Washington
Number: infdco20191011r81
Visitors: 5
Filed: Oct. 10, 2019
Latest Update: Oct. 10, 2019
Summary: ORDER MARY ALICE THEILER , Magistrate Judge . IT IS HEREBY ORDERED THAT upon consideration of Defendant's Stipulated Motion for Remand, the Court hereby REVERSES the Commissioner's decision in this matter and REMANDS the cause to the Commissioner for further administrative proceedings, a de novo hearing, and a new decision. See Shalala v. Schaefer, 509 U.S. 292 (1993). Upon remand, the ALJ will consider and issue findings regarding whether recovery of the overpayment may be waived purs
Summary: ORDER MARY ALICE THEILER , Magistrate Judge . IT IS HEREBY ORDERED THAT upon consideration of Defendant's Stipulated Motion for Remand, the Court hereby REVERSES the Commissioner's decision in this matter and REMANDS the cause to the Commissioner for further administrative proceedings, a de novo hearing, and a new decision. See Shalala v. Schaefer, 509 U.S. 292 (1993). Upon remand, the ALJ will consider and issue findings regarding whether recovery of the overpayment may be waived pursu..
More
ORDER
MARY ALICE THEILER, Magistrate Judge.
IT IS HEREBY ORDERED THAT upon consideration of Defendant's Stipulated Motion for Remand, the Court hereby REVERSES the Commissioner's decision in this matter and REMANDS the cause to the Commissioner for further administrative proceedings, a de novo hearing, and a new decision. See Shalala v. Schaefer, 509 U.S. 292 (1993).
Upon remand, the ALJ will consider and issue findings regarding whether recovery of the overpayment may be waived pursuant to 20 CFR 404.506 and 404.512. The ALJ will consider and issue findings regarding whether the claimant was "at fault" or "without fault" in causing and/or accepting the overpayment pursuant to 20 CFR 404.510 and 404.511; and if it is determined that the claimant was without fault in causing the overpayment, the ALJ will consider findings regarding whether recovery of the overpayment would defeat the purpose of Title II of the Social Security Act or be against equity or good conscience, pursuant to Acquiescence Ruling 92-5(9), 20 CFR 404.508 and 404.509. The Commissioner will also redact certain personally identifiable information from family members in the record.
This case is being remanded pursuant to sentence four of 42 U.S.C. § 405(g). The Clerk is directed to enter judgment in accordance with Fed. R. Civ. P. 58. The briefing schedule in this matter is vacated.
Source: Leagle
