Legal Opinion

Gary L. QUINLIVAN, Plaintiff-Appellant, v. Louis W. SULLIVAN, Secretary of Health and Human Services, Defendant-Appellee

Court of Appeals for the Ninth Circuit

Decided October 9, 1990No. 90-35188PublishedCited by 26 opinions

1Opinion of the Court

EUGENE A. WRIGHT, Circuit Judge:

This appeal raises a question of statutory interpretation involving the waiver of over-payments provisions of the Social Security Act. Gary Quinlivan appeals the district court’s decision denying his request for waiver of an overpayment of disability benefits he received from the Social Security Administration (SSA). He argues that the Secretary's interpretation of a statutory phrase, “equity and good conscience,” is unreasonably narrow and that denial of waiver is inconsistent with a proper interpretation of that phrase. We agree and reverse.

BACKGROUND

Quinlivan…

2Cases cited10 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Southeastern Community College v. DavisSupreme Court of the United States · 1979
  3. International Brotherhood of Teamsters v. DanielSupreme Court of the United States · 1979
  4. Foster v. TourtellotteCourt of Appeals for the Ninth Circuit · 1983
  5. Gilles v. Department of Human Resources DevelopmentCalifornia Supreme Court · 1974

5 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. Alberto I. Banuelos v. Kenneth S. Apfel, Commissioner of Social SecurityCourt of Appeals for the Seventh Circuit · 1999
  2. Edward P. McConnell v. Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Tenth Circuit · 1993
  3. International Union, United Automobile, Aerospace And Agricultural Implement Workers Of America, Uaw, v. Elizabeth H. DoleCourt of Appeals for the D.C. Circuit · 1990
  4. Zinman v. ShalalaDistrict Court, N.D. California · 1993
  5. Delagrave v. Employment Security DepartmentCourt of Appeals of Washington · 2005

21 more not listed; retrieve them via the Exa API.

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