Edmund Fremont v. Louis W. Sullivan, M.D., Louis W. Sullivan, Secretary of Health and Human Services

959 F.2d 240 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Edmund FREMONT, Plaintiff-Appellant, v. Louis W. SULLIVAN, M.D., Louis W. Sullivan, Secretary of Health and Human Services, Defendant-Appellee. No. 90-56076. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 8, 1991. Decided April 7, 1992. 1 Before FLETCHER, D.W. NELSON and BRUNETTI, Circuit Judges 2 MEMORANDUM * 3 Between September of 1984 and December of 1987 the appellant, Edmund Fremont ("Fremont"), received an overpayment of spousal social security benefits totalling $5,616.90. Fremont's benefits should have been offset by his government pension. When the Social Security Administration ("SSA") sought to recover the overpayment, Fremont requested a waiver, alleging that he was "without fault" for the overpayment. The Administrative Law Judge, and the Appeals Council of the SSA, found that Fremont was not without fault because he should have notified the SSA of his receipt of the…