Joe Lopez v. Michael Astrue

MEMORANDUM

To be eligible for a waiver of overpaid Social Security benefits, Lopez has the burden of establishing that he was without fault in causing the overpayment. See 20 C.F.R. §§ 404.506 (c), 404.507; McCarthy v. Apfel, 221 F.3d 1119, 1126 (9th Cir.2000). Lopez contends that he was without fault, notwithstanding his failure to inform the Administration of his lump-sum worker’s compensation payment, because multiple surgeries and the accompanying fear of dying rendered him unable to understand his obligation to report to the Administration any changes in his worker’s compensation.

The ALJ determined that Lopez was not without fault in causing the overpayment because Lopez understood but failed to comply with his reporting obligation. That determination is supported by substantial evidence. See 20 C.F.R. § 404.507 ; Orn v. Astrue, 495 F.3d 625, 630 (9th Cir.2007) (noting that substantial evidence is “such relevant evidence as a reasonable mind might accept as adequate to support a conclusion”). In his signed application for Social Security benefits, Lopez expressly acknowledged that his reporting responsibilities had been explained to him and that he would abide by them.…