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BARONE v. BOWEN

No. 505, Docket 88-6181.

869 F.2d 49 (1989)

Dominick M. BARONE, Appellant, v. Otis R. BOWEN, M.D., Secretary of the Department of Health and Human Services, Appellee.

United States Court of Appeals, Second Circuit.

Decided February 15, 1989.

Attorney(s) appearing for the Case

John M. Bigler, Robert, Huber, Lerner & Bigler, Rockville Centre, N.Y., for appellant.

Yvette Rivera, Asst. U.S. Atty. (Andrew J. Maloney, U.S. Atty., E.D.N.Y., Robert L. Begleiter, Asst. U.S. Atty., Brooklyn, N.Y., of counsel), for appellee.

Before OAKES, KEARSE, and CARDAMONE, Circuit Judges.

OAKES, Circuit Judge:

The issue in this case is whether the Secretary of Health and Human Services properly reopened a determination of disability. Dominick Barone began receiving disability insurance benefits in 1980 for a disability that began in 1978. In 1985, the Secretary reopened Barone's disability determination and changed the onset of disability to 1980. This meant, of course, that Barone had been overpaid in the interim. Barone was not "without fault" in...

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