Helen Lewin v. Richard S. Schwieker, Secretary of Health and Human Services

In 1974, when the state Aid to the Totally Disabled program (ATD) was converted to the federal Supplemental Security Income benefits program (SSI), the Social Security Administration (SSA) began sending SSI checks to Helen Lewin in an amount more than that to which she was entitled. Upon learning of the error, the SSA sought recovery of the overpayment. A hearing was held before an administrative law judge (AU) who held that Lewin was not without fault in causing the overpayment and therefore not entitled to keep it. This decision was affirmed by the SSA’s Appeals Council and the district court. The principal issue in this case is whether the finding that Lewin was not without fault is supported by substantial evidence. We hold that it was not supported and reverse.

The evidence presented at the administrative hearing showed the following. Lewin was bom in 1931 and was 47 years old at the time of the hearing. She began receiving benefits under the ATD program because of mental and physical disabilities. Her initial application was completed by a social worker. Because the social worker did most of the work to obtain the benefits, Lewin knew little about the program or its…