Sharon Seeger v. Shirley S. Chater, Commissioner of Social Security

94 F.3d 653 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Sharon SEEGER, Plaintiff-Appellant, v. Shirley S. CHATER, Commissioner of Social Security, * Defendant-Appellee. No. 95-55870. United States Court of Appeals, Ninth Circuit. Argued and 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 The issue before the Administrative Law Judge (ALJ) was whether recovery of overpayments to Seeger should be waived, not whether the fact or the amount of the overpayments was correct. Seeger's failure to make a timely request for reconsideration of the fact or amount of overpayment resulted in a final and binding determination. 20 C.F.R. § 404.905 ; see also Watson v. Sullivan, 940 F.2d 168, 170 (2d Cir.1991). 4 We reject Seeger's argument that the initial determination document did not inform her that she had the right to…