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LEWIN v. SCHWIEKER

No. 80-5011.

654 F.2d 631 (1981)

Helen LEWIN, Plaintiff-Appellant, v. Richard S. SCHWIEKER, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided August 27, 1981.

Attorney(s) appearing for the Case

Stephen P. Wiman, Channel Counties Legal Services Asso., Oxnard, Cal., for plaintiff-appellant.

Jerry J. Bassett, Dept. of Health & Human Services, San Francisco, Cal., for defendant-appellee.

Before ALARCON and BOOCHEVER, Circuit Judges, and THOMPSON, District Judge.

BOOCHEVER, Circuit Judge:

In 1974, when the state Aid to the Totally Disabled program (ATD) was converted to the federal Supplemental Security Income benefits program (SSI), the Social Security Administration (SSA) began sending SSI checks to Helen Lewin in an amount more than that to which she was entitled. Upon learning of the error, the SSA sought recovery of the overpayment.1 A hearing was held before an administrative law judge (ALJ...

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