Hatfield v. Bowen

MEMORANDUM OPINION

COHILL, Chief Judge.

This case is presently before us on cross-motions for summary judgment. The plaintiff Henry A. Hatfield filed a Complaint seeking a writ of mandamus to enjoin the defendant Secretary of Health and Human Services from continuing to recover an alleged disability benefits overpayment from the plaintiff and to compel the Secretary to make proper disability benefit payments. For the reasons set forth below, we will grant the plaintiffs motion for summary judgment and deny the defendant’s motion for summary judgment.

I. BACKGROUND

On April 24, 1980, the plaintiff…