Carlough v. Finch

The plaintiff brought this action pursuant to 42 U.S.C. § 405(g) to obtain judicial review of the Secretary of Health, Education and Welfare’s decision that in each year from 1964 through 1967, the plaintiff had exceess earnings which would subject his benefits to deductions in all months beginning with October, 1964. Specifically, the hearing examiner found that (1) the plaintiff had been overpaid in the total sum of $2,953.20; (2) the plaintiff was not without fault in accepting the overpayment and recovery would not be against equity and good conscience; and (3) the claimant did not show…