Nena ESCOBAR, Plaintiff-Appellee, v. Otis R. BOWEN, M.D., Secretary of Health and Human Services, Defendant-Appellant
Opinion
Opinion
ORDER
Appellant’s request that the memorandum, filed July 1, 1988, be published is GRANTED. The memorandum is hereby redesignated a per curiam opinion.
Appellee’s request for an extension of time to file a petition for rehearing is GRANTED. Appellee has thirty (30) days from the filing date of the published opinion within which to file a petition for rehearing.
I
In 1979, 1981, 1982 and 1983, appellee allegedly underreported her income to the Social Security Administration (SSA) and as a result was overpaid insurance benefits by approximately $10,000. Subsequently, the SSA determined that appellee was not without fault in receiving the overpayment and was not entitled to a waiver. Appellee requested an administrative hearing. She appeared at the hearing but her attorney did not. The hearing was rescheduled. At the second hearing, appellee again appeared, but her attorney did not. The Administrative Law Judge (AU) proceeded with the hearing despite the absence of counsel and concluded that appellee was not without fault in receiving the overpayment. The decision became the final decision of the Secretary when the Appeals Council decided not to review the AU’s determination.