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McCARTHY v. BOWEN

Civ. No. 86-1485-PA.

668 F.Supp. 1439 (1987)

Kathleen Patricia McCARTHY, Plaintiff, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant.

United States District Court, D. Oregon.

August 14, 1987.

Attorney(s) appearing for the Case

Robert K. Udziela, Dan O'Leary, Pozzi, Wilson, Atchison, O'Leary & Conboy, Portland, Or., for plaintiff.

Charles H. Turner, U.S. Atty., Craig J. Casey, Asst. U.S. Atty., Portland, Or., Gary J. Thogersen, Sp. Asst. U.S. Atty., Seattle, Wash., for defendant.

OPINION

PANNER, Chief Judge.

Plaintiff appeals the decision of the Secretary denying waiver of alleged overpayment of $6,615.00 in benefits paid by the Social Security Administration (Administration) under the Social Security Act. The issue is whether the overpayment exists and, if so, whether repayment by the plaintiff would defeat the purposes of Title II or be against equity and good conscience. I affirm the decision of the Secretary. In addition, plaintiff...

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