(SS)(PS) Bockari v. Commissioner of Social Security

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 PATRICK A. BOCKARI, No. 2:19-cv-00698 TLN AC Plaintiff, v. FINDINGS AND RECOMMENDATIONS ANDREW SAUL, Commissioner of Social Security, 14 Defendant.

16 Plaintiff, who is appearing in pro se, seeks judicial review of a final decision of the Commissioner of Social Security (“Commissioner”), denying continued payment of his Supplemental Security Income (“SSI”) benefits under Title XVI of the Social Security Act (the “Act”), 42 U.S.C. §§ 1381-1383f1 during a period of incarceration, and denying his request that an overpayment, made while he was incarcerated, be waived. ECF No. 21 (plaintiff’s amended motion for summary judgment). Defendant agreed to waive return of the overpayment and moved for remand on that issue. ECF No. 24 (defendant’s motion for remand). The parties continue to dispute whether plaintiff should have received his SSI payments while incarcerated. See ECF No. 24 (plaintiff’s reply brief). For the reasons that follow, the…