GRAHAM v. COLVIN
| SHAWN F. GRAHAM |
| CAROLYN W. COLVIN |
| SSA (Court Use Only) and SSA-USAO (Court Use Only) |
| 1:2018cv00570 |
| February 27, 2018 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| Tim A. Baker |
| Jane Magnus-Stinson |
| Social Security: SSID Tit. XVI |
| 42 U.S.C. ยง 405 Review of HHS Decision (SSID) |
| None |
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Filing
13
ENTRY REVIEWING THE COMMISSIONER'S DECISION - Plaintiff Shawn G. was a participant in the "Ticket to Work" program established by Congress and administered by the Social Security Administration ("SSA") to help people recei ving disability benefits find work. Participants may take advantage of the regulatory trial work period to collect disability insurance benefits ("DIB") and work earnings for a set time period. See generally Tumminaro v. Astrue, 671 F.3d 629, 633-34 (7th Cir. 2011). Eventually, however, a participant may no longer collect disability benefits in addition to a paycheck. In June 2011, the SSA notified Shawn G. that he had received benefits to which he was not entitled since April 20 09, resulting in an overpayment of $32,605.70. Shawn G. sought a waiver of the overpayment, claiming that the overpayment was not his fault and that repayment would cause him financial hardship. After the SSA denied his waiver request, Shawn G. requested and received a hearing before Administrative Law Judge Mario Silva ("the ALJ"). On May 27, 2016, the ALJ issued an opinion finding that Shawn G. was not at fault for the overpayment, but that waiver would not be appropriate because Shawn G. has the ability to repay. The ALJ further recommended that Shawn G. be required to repay no more than $150 per month. The Appeals Council denied review on January 5, 2018, making the ALJ's decision the final decision of the Commissioner subject to judicial review. [Filing No. 4 at 5.] For the reasons stated in this Entry, the Court AFFIRMS the Commissioner's decision to deny Shawn G.'s waiver request but REVERSES the ALJ's payment plan and REMAND S this matter to the SSA with instructions to implement a plan requiring no more than $100 in monthly repayments. Final judgment shall issue accordingly. (See Entry). Copy to plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 8/6/2018.(APD)
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