Legal Opinion

Herbert C. FOWLER, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-Appellee

Court of Appeals for the Tenth Circuit

Decided June 6, 1989No. 86-2677PublishedCited by 114 opinions

1Per curiam

Plaintiff appeals from an order of the district court affirming the Secretary’s determination that plaintiff received an overpayment of Social Security Disability Insurance benefits and, because he was not without fault in causing the overpayment, the overpayment could not be waived.

In 1972, plaintiff applied for and was awarded disability benefits based on a finding that he was totally disabled and unable to engage in substantial gainful activity due to chronic glomerulonephritis. In 1980, following a hearing before an Administrative Law Judge (AU), the earlier finding of disability was…

2Cases cited7 opinions

  1. Richardson v. PeralesSupreme Court of the United States · 1971
  2. Consolidated Edison Co. v. National Labor Relations BoardSupreme Court of the United States · 1938
  3. Doris Jean Allen v. Joseph A. Califano, Jr., Secretary of Health, Education and Welfare,defendant-AppelleeCourt of Appeals for the Sixth Circuit · 1980
  4. John G. Broadbent v. Patricia Roberts Harris Secretary of Health, and Human ServicesCourt of Appeals for the Tenth Circuit · 1983
  5. William R. CAMPBELL, Plaintiff-Appellant, v. Otis BOWEN, Secretary of the Department of Health & Human Services, Defendant-AppelleeCourt of Appeals for the Tenth Circuit · 1987

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

3Cited by114 opinions

  1. Hackett v. BarnhartCourt of Appeals for the Tenth Circuit · 2005
  2. Wilson v. AstrueCourt of Appeals for the Tenth Circuit · 2010
  3. Ray MARSHALL, Plaintiff-Appellant, v. Shirley S. CHATER, Commissioner of Social Security, Defendant-AppelleeCourt of Appeals for the Tenth Circuit · 1996
  4. Doyal v. BarnhartCourt of Appeals for the Tenth Circuit · 2003
  5. Blea v. BarnhartCourt of Appeals for the Tenth Circuit · 2006

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

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