Schumaker v. Astrue

Full title: LEE A. SCHUMAKER, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social…

Court: United States District Court, D. Colorado

Date published: Feb 20, 2008

Civil Action No. 07-cv-02231-AP (D. Colo. Feb. 20, 2008)

Opinion

Civil Action No. 07-cv-02231-AP.

February 20, 2008

ORDER

JOHN KANE, Senior District Judge

The Commissioner of Social Security has moved pursuant to sentence four of 42 U.S.C. § 405(g) for a judgment with an order of reversal with remand of the cause to the Commissioner for further administrative proceedings. Defendant's Unopposed Motion to Remand (doc. #13), is GRANTED. Under sentence four of 42 U.S.C. § 405(g), this Court has the power "to enter, upon the pleadings and transcript of the record, a judgment affirming, modifying or reversing the decision of the Commissioner, with or without remanding the cause for a rehearing." Shalala v. Schaefer, 509 U.S. 292 (1993).

On remand by the Court, the Appeals Council will issue a decision in which it waives recovery of each overpayment in accordance with Social Security Ruling (SSR) 92-7c. The following overpayments will be addressed on remand: Sequence Month Amount Approximate Notice Date

2, first record Oct-00 $1.50 increase None 14, first record Feb-03 $13.50 2/17/2003 3, second record Jul-03 $107.69 7/15/2003 6 7, second record Dec-03 $239.07 12/23/2003 8 15, second May-04 $95.09 5/25/2004 record 9 16, second Jun-04 $312.37 6/9/2004 record 10, second record Aug-04 $564.00 9/7/2004 11, 12, 14, second Dec. 04 — Apr. 05 $1,575.81 5/4/2005 record 13, second record May 05 — Aug. 05 $289.50 9/17/2005 17, second record Feb-06 $103.51 6/14/2006 Specifically, the Appeals Council will find Plaintiff without fault in causing each of the overpayments, find that recovery of the overpayments would defeat the purpose of the Social Security Act, conclude that recovery of the overpayments is waived, and direct the Social Security Administration to refund any money collected toward these overpayments.

Pursuant to the power of this Court to enter a judgment affirming, modifying, or reversing the Commissioner's decision with remand in Social Security actions under sentence four of 42 U.S.C. § 405(g), and in light of the Commissioner's request for remand of this action for further administrative proceedings, this Court hereby

REVERSES the Commissioner's decision under sentence four of 42 U.S.C. § 405(g), and

REMANDS the cause to the Commissioner for further administrative proceedings as set out above.

IT IS SO ORDERED.