Legal Opinion

Robert OVEREND, Plaintiff-Appellant, v. Louis W. SULLIVAN, Secretary of Health and Human Services, Defendant-Appellee

Court of Appeals for the Ninth Circuit

Decided July 13, 1989No. 88-6363PublishedCited by 8 opinions

1Opinion of the Court

BEEZER, Circuit Judge:

This appeal from the district court’s grant of summary judgment in favor of the Secretary concerns the power of the Secretary to reopen an AU determination more than sixty days after that determination has become final. The district court held that such power exists. We affirm.

On February 27, 1982, Robert Overend was awarded disability benefits. On June 30, 1984, the Secretary ordered an offset of Overend’s benefits due to his receipt of worker compensation benefits. On August 16, 1985, an administrative law judge (AU) found that the offset was improper. On November 29,…

2Cases cited10 opinions

  1. Schweiker v. Gray PanthersSupreme Court of the United States · 1981
  2. Mildred R. TAYLOR, Plaintiff-Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Ninth Circuit · 1985
  3. Gaynell McCuin v. Secretary of Health and Human ServicesCourt of Appeals for the First Circuit · 1987
  4. Miller v. HecklerCourt of Appeals for the Ninth Circuit · 1985
  5. Ethel M. Munsinger v. Richard Schweiker, Secretary of Health and Human ServicesCourt of Appeals for the Eighth Circuit · 1983

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

3Cited by8 opinions

  1. James C. Dugan v. Louis W. Sullivan, M.D., Secretary of Health and Human ServicesCourt of Appeals for the Seventh Circuit · 1992
  2. Mines v. SullivanCourt of Appeals for the Ninth Circuit · 1992
  3. Mines v. SullivanCourt of Appeals for the Ninth Circuit · 1992
  4. Katz v. SullivanDistrict Court, E.D. New York · 1991
  5. Koolstra v. SullivanDistrict Court, D. Colorado · 1990

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

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