Deuschel v. Commissioner of Social Security Administration

MEMORANDUM

Plaintiff-Appellant Laurie Deuschel appeals the district court’s decision granting summary judgment to Defendant-Appellee Commissioner of the Social Security Administration. Deusehel contends that the Commissioner improperly denied her request to waive overpayments of disability insurance benefits totaling $13,848.30 because she was without fault in causing the overpayments. She further asserts that the district court improperly granted summary judgment on her due process claims. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review the district court’s decision de novo, Al Haramain Islamic Foundation, Inc. v. U.S. Department of the Treasury, 686 F.3d 965, 989-90 (9th Cir.2012), Hiler v. Astrue, 687 F.3d 1208, 1211 (9th Cir.2012), and will reverse the Commissioner’s decision only if it was “based on legal error or ... not supported by substantial evidence,” Hiler, 687 F.3d at 1211 . For the reasons discussed below, we affirm, in part, and reverse and remand, in part.

I

Under the Social Security Act, overpaid individuals may seek waivers of overpay-ments where they are “without fault.” 42 U.S.C. § 404 (b). The regulations indicate that the agency must consider…