Summary
holding that the ALJ's finding that the plaintiff was not entitled to a waiver lacked substantial support where the plaintiff introduced evidence showing that she promptly reported her earnings to the Social Security Administration
Summary of this case from Chavez v. Comm'r of Soc. Sec.Opinion
Case No. 1:12cv419
07-24-2013
TIMOTHY JAMES HASSETT, Petitioner, v. COMMISSIONER OF SOCIAL SECURITY, Respondent.
Hon. Robert J. Jonker
ORDER
APPROVING AND ADOPTING REPORT AND RECOMMENDATION
The court has reviewed the Report and Recommendation filed by the United States Magistrate Judge in this action. The Report and Recommendation was duly served on the parties on July 3, 2013. No objections have been filed pursuant to 28 U.S.C. § 636(b)(1)(C).
THEREFORE, IT IS ORDERED that the Report and Recommendation of the Magistrate Judge, filed July 3, 2013, is approved and adopted as the opinion of the court.
IT IS FURTHER ORDERED that the Commissioner's decision is REVERSED and REMANDED pursuant to sentence four of 42 U.S.C. § 405(g). On remand, the Commissioner should re-evaluate the overpayment issue, including plaintiff's participation in the TWP, whether plaintiff received the 1992 and 1995 notices referenced in the ALJ's decision, the effect of the SSA's letters increasing benefits in 2006 and 2007, the SSA's contact with plaintiff with respect to advice about commencing work in May 2005, and whether the SSA can recover any overpayment.
_______________
ROBERT J. JONKER
UNITED STATES DISTRICT JUDGE