Charles M. McCarthy Jr. v. Kenneth S. Apfel, Commissioner of the Social Security Administration

BYRNE, Senior District Judge:

Appellant Charles M. McCarthy, Jr. (“McCarthy”) appeals from the district court’s decision on summary judgment (1) upholding the Commissioner of Social Security’s determination that McCarthy was overpaid $10,207.00 in disability insurance benefits pursuant to Title II of the Social Security Act, 42 U.S.C. § 401 et seq., and (2) remanding the case to the Commissioner pursuant to 42 U.S.C. § 405(g) for a determination of whether McCarthy was “without fault” in connection with the over-payments. The district court had jurisdiction pursuant to 42 U.S.C. § 405(g), and…