Harris v. Social Security Administration

Justia Dockets & Filings Eighth Circuit Missouri Eastern District Harris v. Social Security Administration

Harris v. Social Security Administration

Plaintiff:	Linda J. Harris
Defendant:	Social Security Administration
Case Number:	4:2010cv01396
Filed:	July 30, 2010
Court:	US District Court for the Eastern District of Missouri
Office:	St. Louis Office
County:	St. Louis - County
Nature of Suit:	Disability Insurance
Cause of Action:	42 U.S.C. § 205
Jury Demanded By:	None

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Date Filed	Document Text
September 27, 2011	Filing 18 MEMORANDUM;... Because the ALJ failed to consider plaintiff's testimony that she reported her return to work in October 2000, his conclusion that plaintiff is not without fault in accepting the overpayment is not supported by substantial eviden ce. Therefore, the Commissioner's decision will be reversed and remanded under sentence 4 of 42 U.S.C. § 405(g). Upon remand, the Commissioner should consider plaintiff's testimony and evaluate whether plaintiff is at fault under 42 U.S.C. § 404(b). An order remanding this case will accompany this Memorandum. Signed by Honorable Carol E. Jackson on 09/27/2011; (DJO)

Date Filed

Document Text

September 27, 2011

Filing 18 MEMORANDUM;... Because the ALJ failed to consider plaintiff's testimony that she reported her return to work in October 2000, his conclusion that plaintiff is not without fault in accepting the overpayment is not supported by substantial eviden ce. Therefore, the Commissioner's decision will be reversed and remanded under sentence 4 of 42 U.S.C. § 405(g). Upon remand, the Commissioner should consider plaintiff's testimony and evaluate whether plaintiff is at fault under 42 U.S.C. § 404(b). An order remanding this case will accompany this Memorandum. Signed by Honorable Carol E. Jackson on 09/27/2011; (DJO)

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Defendant: Social Security Administration
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Plaintiff: Linda J. Harris
Represented By:	Theresa L. Severs
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