Bennis v. Chater

2:94-0070 (M.D. Tenn. Nov. 9, 1995) ; Clearinghouse Number: 51113

Description

SSI Recipient Entitled to Retroactive Payment from Original Application of Ten Years' Benefits Underpaid Due to Agency Error

Abstract

Accepting the magistrate's report and recommendation, the district court has granted plaintiff SSI recipient's motion for summary judgment and remanded for payment of benefits erroneously underpaid. Plaintiff has been receiving SSI benefits since 1982. In 1992, during a periodic review of his disability status, the Social Security Administration (SSA) discovered an error in the calculation of plaintiff's benefits and informed him that he had been underpaid for the past 10 years. However, SSA corrected plaintiff's benefits retroactive to 1990, not 1982. SSA argued that each periodic determination of claimant's eligibility and benefits was subject to a request for review and that administrative decisions prior to 1990 were final and binding. SSA's determination was affirmed on administrative review, and plaintiff appealed. Citing Culbertson v. Secretary of HHS, 859 F.2d 319 (4th Cir. 1988), the magistrate found that, given plaintiff's mental and multiple physical disabilities, SSA's refusal to reconsider its 1982 determination of benefits violated due process. Noting that the agency's general rule is to consider whether claimant lacked the mental capacity to appeal a prior determination, the magistrate found that the administrative law judge applied an erroneous legal standard in reaching his decision. The magistrate concluded that plaintiff should receive all of the benefits erroneously underpaid since his 1982 application.

Additional Information

Attorney Information
Plaintiff represented by Marla Williams, Rural Legal Services of Tennessee, P.O. Box 637, Cookeville, TN 38503, (615) 528-7436.
Docket Date
1970-01-01 06:00:00+00:00

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