Ron Arneson v. Shirley S. Chater, Secretary, Health and Human Services

77 F.3d 488 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Ron ARNESON, Plaintiff-Appellant, v. Shirley S. CHATER, Secretary, Health and Human Services, Defendant-Appellee. No. 94-35998. United States Court of Appeals, Ninth Circuit. Submitted Dec. 8, 1995. * Decided Jan. 5, 1996. Before: FLETCHER, KOZINSKI, and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 To be entitled to a waiver of overpayment, Arneson had to prove he was "without fault." Anderson v. Sullivan, 914 F.2d 1121, 1122 (9th Cir.1990). A waiver applicant is not "without fault" where there has been acceptance of a payment that the applicant could have been expected to know was incorrect. 20 C.F.R. § 404.507 (c) (1994). Arneson argues that he shouldn't be held to have accepted the payments because he testified he didn't know his family had continued to receive benefits. The Secretary, however, found Arneson's testimony not credible, and this finding is supported by substantial evidence. There is evidence that…