Robert OVEREND, Plaintiff-Appellant, v. Louis W. SULLIVAN, Secretary of Health and Human Services, Defendant-Appellee

This appeal from the district court’s grant of summary judgment in favor of the Secretary concerns the power of the Secretary to reopen an AU determination more than sixty days after that determination has become final. The district court held that such power exists. We affirm.

On February 27, 1982, Robert Overend was awarded disability benefits. On June 30, 1984, the Secretary ordered an offset of Overend’s benefits due to his receipt of worker compensation benefits. On August 16, 1985, an administrative law judge (AU) found that the offset was improper. On November 29, 1985, more than sixty days after the AU decision, the Appeals Council notified Overend that the AU decision would be reopened. The Appeals Council overturned the AU’s decision and found that the offset was required. Overend filed suit in district court, contending that the Secretary’s regulations precluded the Appeals Council from reopening the AU’s decision. Overend alternatively argued that the Secretary erred in offsetting his disability benefits. The Secretary moved for summary judgment. The district court granted the motion, upheld the Secretary’s reopening of the August 16, 1985 AU determination, and found…