Campbell v. Califano

MEMORANDUM

LUONGO, District Judge.

This is an action under section 205(g) of the Social Security Act, 42 U.S.C. § 405(g), for review of the Secretary’s determination requiring plaintiff to repay disability benefits. Both plaintiff and the Secretary have moved for summary judgment. The magistrate, to whom the matter was referred for report and recommendation, recommends that I enter summary judgment for plaintiff, and I accept that recommendation.

The central issue here is whether the Secretary improperly considered services rendered during a “period of trial work” in determining that plaintiff’s…