Dorothy Evelyn v. Richard S. Schweiker, Secretary of Health and Human Services

Dorothy Evelyn appeals from the district court’s summary judgment affirming the decision of the Secretary finding her liable for an overpayment of Supplemental Security Income (“SSI”) benefits. We affirm.

I. FACTS AND PROCEDURAL CONTEXT

Dorothy Evelyn is the mother of Robert Evelyn, a disabled minor. Beginning in 1974, in accordance with § 1631(a) of Title XVI of the Social Security Act, 42 U.S.C. § 1383 (a)*, Dorothy received SSI disability payments on Robert’s behalf as his “representative payee.” Benefits were terminated in 1978. Subsequently the Social Security Administration (“SSA”) notified Dorothy of an overpayment from October 1974 through March 1978 in the amount of $7,580.99.

A hearing was held on July 8,1980 before an Administrative Law Judge (“ALJ”). At that point in the proceedings, the issue was the extent of the SSA’s waiver of Dorothy’s overpayment refund liability which depended on the extent of her fault. The ALJ found Dorothy liable for only $1,360.38 since she was only at fault for that amount of overpayment. The Appeals Council of the Department of Health and Human Services (“HHS”) affirmed and on petition for review the district court granted summary…