Gene Tully v. Shirley S. Chater, Commissioner of Social Security

65 F.3d 176 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Gene TULLY, Plaintiff-Appellant, v. Shirley S. CHATER, * Commissioner of Social Security, Defendant-Appellee. No. 94-55042. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 8, 1995. Decided Aug. 16, 1995. Before: FLETCHER, WIGGINS, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** BACKGROUND 2 Gene Tully began receiving supplemental security income ("SSI") benefits in 1974. In 1985, the Social Security Administration ("SSA") received an IRS report (the "IRS/SSI Interface") that showed seventeen savings accounts in Tully's name during 1984. The report stated that from these accounts, Tully earned $619.00 in interest during the year. This amount of interest indicated to the SSA that Tully had more resources than SSI recipients were allowed to have. The SSA determined that Tully had received SSI payments to which he was not entitled, and the SSA decided to recoup $9,584 in overpayments by…