Peter Ivers v. Donna E. Shalala, Secretary, Hhs

8 F.3d 27 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Peter IVERS, Plaintiff-Appellant, v. Donna E. SHALALA, ** Secretary, HHS, Defendant-Appellee. No. 92-15753. United States Court of Appeals, Ninth Circuit. Submitted Sept. 20, 1993. * Decided Oct. 6, 1993. Before: FLETCHER, POOLE, and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM *** 2 Peter Ivers appeals pro se the district court's grant of summary judgment in favor of the Secretary of Health and Human Service ("Secretary"), affirming the Secretary's decision requiring him to repay $9,333 overpayment in Title II retirement benefits, 42 U.S.C. §§ 401 et seq. Ivers contends that the Secretary improperly refused to waive recovery of the overpayment based upon economic hardship. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. 3 We review de novo the district court's grant of summary judgment. Anderson v. Sullivan, 914 F.2d 1121, 1122 (9th Cir.1990). The refusal to waive repayment of a deduction…