MARCHESE v. SECRETARY OF HEALTH AND HUMAN SERVICES

No. CIV-87-244C.

690 F.Supp. 162 (1988)

Vincent MARCHESE, Plaintiff, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant.

United States District Court, W.D. New York.

July 26, 1988.


Attorney(s) appearing for the Case

Serotte & Reich (Gerald P. Seipp, of counsel), Buffalo, N.Y., for plaintiff.

Roger P. Williams, U.S. Atty. (Jacqueline Stover, Sp. Asst. U.S. Atty., of counsel), Buffalo, N.Y., for defendant.


CURTIN, Chief Judge.

Plaintiff was erroneously paid disability payments by defendant from October, 1977 through April, 1985. Plaintiff appeals from defendant's denial of plaintiff's application for a waiver of recovery of the overpayment. Tr. 62.

Plaintiff is a 60-year old man, who has not worked since 1974. Plaintiff came to the United States from Italy when he was 27 years old, and speaks limited English. He completed five grades of schooling in Italy. T...

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