Jane Rennie v. Shirley S. Chater, Commissioner of Social Security

94 F.3d 652 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Jane RENNIE, Plaintiff-Appellant, v. Shirley S. CHATER, Commissioner of Social Security, * Defendant-Appellee. No. 95-55399. United States Court of Appeals, Ninth Circuit. Submitted Aug. 5, 1996. ** Decided Aug. 14, 1996. Before: D.W. NELSON, T.G. NELSON and THOMAS, Circuit Judges. 1 MEMORANDUM *** 2 Since the parties are familiar with the facts, we need not recite them here. 3 Under 20 C.F.R. § 404.506 , the Commissioner may waive recovery of overpayments if the recipient meets two requirements: (1) recipient is without fault; and (2) recovery would defeat the purpose of Title II of the Act or would be against equity and good conscience. The recipient has the burden of proving that she was without fault. Anderson v. Sullivan, 914 F.2d 1121, 1122 (9th Cir.1990). 4 Considering "all pertinent circumstances," including age, intelligence, and any physical, mental, educational, or linguistic limitations, pursuant…