Dominick M. BARONE, Appellant, v. Otis R. BOWEN, M.D., Secretary of the Department of Health and Human Services, Appellee

OAKES, Circuit Judge:

The issue in this case is whether the Secretary of Health and Human Services properly reopened a determination of disability. Dominick Barone began receiving disability insurance benefits in 1980 for a disability that began in 1978. In 1985, the Secretary reopened Barone’s disability determination and changed the onset of disability to 1980. This meant, of course, that Barone had been overpaid in the interim. Barone was not “without fault” in causing the overpayment and would therefore be obliged to refund the excess benefits if his case has been properly reopened by the…