Truman Williams v. Donna E. Shalala

34 F.3d 1075 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Truman WILLIAMS, Plaintiff-Appellant, v. Donna E. SHALALA, ** et al., Defendants-Appellees. No. 93-17100. United States Court of Appeals, Ninth Circuit. Submitted Aug. 3, 1994. * Decided Aug. 11, 1994. Before: WALLACE, Chief Judge, HUG and RYMER, Circuit Judges. 1 MEMORANDUM *** 2 Truman Williams appeals pro se the district court's grant of summary judgment in favor of the Secretary of Health and Human Services. Williams contends that the Secretary violated his constitutional rights in the calculation of his retirement benefits. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we vacate and remand. 3 On December 11, 1991, an Administrative Law Judge (ALJ) decided that Williams was due, and had been paid, an underpayment of $50.40 in retirement benefits. The ALJ also decided that even though Williams had been notified of a $139.60 overpayment, he had not received any overpayment. The ALJ refused to consider…