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MATTERN v. SCHWEIKER

Civ. A. No. 72-2522.

524 F.Supp. 1089 (1981)

Arlene MATTERN v. Richard S. SCHWEIKER, Secretary of the United States Department of Health and Human Services.

United States District Court, E. D. Pennsylvania.

October 16, 1981.

Attorney(s) appearing for the Case

Susan Wood, Lancaster, Pa., for appellant.

Virginia Powell, Asst. U. S. Atty., Philadelphia, Pa., for appellee.

MEMORANDUM

TROUTMAN, District Judge.

Section 204(a)(1) of the Social Security Act (Act), 42 U.S.C. § 404(a)(1), provides that in the event of an erroneous overpayment to a Social Security beneficiary, "proper adjustment or recovery shall be made, under regulations prescribed by the Secretary ... [by] decreas[ing] any payment under this subchapter to which such overpaid person is entitled". However, "there...

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