OVEREND v. SULLIVAN

No. 88-6363.

879 F.2d 673 (1989)

Robert OVEREND, Plaintiff-Appellant, v. Louis W. SULLIVAN, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided July 13, 1989.


Attorney(s) appearing for the Case

Bertram L. Potter, Potter & Cohen, Pasadena, Cal., for plaintiff-appellant.

Dennis J. Mulshine, Asst. Regional Counsel, Dept. of Health and Human Services, San Francisco, Cal., for defendant-appellee.

Before POOLE, BEEZER and TROTT, Circuit Judges.


BEEZER, Circuit Judge:

This appeal from the district court's grant of summary judgment in favor of the Secretary concerns the power of the Secretary to reopen an ALJ determination more than sixty days after that determination has become final. The district court held that such power exists. We affirm.

On February 27, 1982, Robert Overend was awarded disability benefits. On June 30, 1984, the Secretary ordered an offset of Overend's benefits due to his receipt...

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