Robert Chatman v. Michael Astrue

MEMORANDUM

Robert Chatman appeals pro se the district court’s grant of summary judgment in favor of the Commissioner of Social Security. The district court affirmed the Commissioner’s decision requiring Chatman to repay $2,566.42 in overpaid supplemental security income (SSI) benefits he received under Title XVI of the Social Security Act. Chatman contends the Commissioner improperly refused to waive recovery of the overpaid benefits. We have jurisdiction under 28 U.S.C. § 1291 and affirm.

We review de novo the district court’s grant of summary judgment. Anderson v. Sullivan, 914 F.2d 1121, 1122 (9th Cir.1990). The Commissioner’s refusal to waive recovery of overpaid social security benefits must be affirmed if the Commissioner’s findings of fact are supported by substantial evidence and the proper legal standards were applied. Id.

The regulations permit the Commissioner to waive recovery of overpaid benefits under certain circumstances provided the “overpaid individual was without fault in connection with an overpayment.” 20 C.F.R. § 416.550 (a). Anderson, 914 F.2d at 1122 . An overpaid individual is at fault if the incorrect payment resulted from the individual’s failure to…