Marilyn Gossens v. Michael Astrue

MEMORANDUM

Marilyn Gossens was overpaid Social Security disability benefits between the years of 2001 and 2002 in the amount of $25,044.40, which she was ordered to repay. She filed a Request for Waiver of Overpayment, which the Commissioner denied. She challenges that denial on appeal, and we affirm. Because the parties are familiar with the factual history of this case, we will not recount it here.

The regulations allow the Social Security Administration (“SSA”) to waive an overpayment “if the claimant was without fault and if recovery would defeat the purpose of the Act or be contrary to equity and good conscience.” Anderson v. Sullivan, 914 F.2d 1121, 1122 (9th Cir.1990) (citing 20 C.F.R. § 404.509 ). “[T]he [SSA’s] refusal to waive repayment should be affirmed if supported by substantial evidence and if the [SSA] applied the proper legal standard.” Id.

1. The SSA and the ALJ both applied the proper legal standard. The ALJ detailed all of Gossens’s reasons for not reporting her work activity and found them unreasonable. Though the ALJ did not use the word “unreasonable” to describe Gossens’s excuses, there is no requirement to do so, and such a determination was implicit in…