Summary
denying plaintiff's motion for summary judgment in appeal from ALJ's decision that plaintiff was not without fault for benefit overpayments where "there [was] no evidence, other than Plaintiff's own testimony, to prove that Plaintiff contacted the Commissioner any time before . . . he was informed that he had been overpaid benefits. . . . Plaintiff was unable to provide the dates of his visits to the Agency, the names of the individuals he spoke to, or copies of the paperwork provided"
Summary of this case from Rogman v. ColvinOpinion
Civil No. 11-CV-2805 (JRT/TNL)
11-16-2012
Robert T. Hooey, Plaintiff, v. Michael J. Astrue, Defendant.
Sean M. Quinn, Falsani Balmer, PETERSON QUINN & BEYER, for Plaintiff. David W. Fuller, OFFICE OF THE UNITED STATES ATTORNEYS, for Defendant.
ORDER
Sean M. Quinn, Falsani Balmer, PETERSON QUINN & BEYER, for Plaintiff. David W. Fuller, OFFICE OF THE UNITED STATES ATTORNEYS, for Defendant.
Based upon the Report and Recommendation by United States Magistrate Judge Tony N. Leung dated October 12, 2012 [Docket No.22], along with all the files and records, and no objections to said Recommendation having been filed,
IT IS HEREBY ORDERED that: Plaintiff's Motion for Summary Judgment [Docket No. 17] is DENIED and Commissioner's Motion for Summary Judgment [Docket No. 20] is GRANTED.
LET JUDGMENT BE ENTERED ACCORDINGLY.
___________________________
The Honorable John R. Tunheim
United States District Court Judge
for the District of Minnesota