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KASSIN v. SECRETARY OF HEALTH AND HUMAN SERVICES

No. 90-1120.

945 F.2d 114 (1990)

Esther R. KASSIN, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided December 19, 1990.

Attorney(s) appearing for the Case

William Michael White (briefed), William Michael White, P.C., Mt. Clemens, Mich., for plaintiff-appellant.

Michael C. Messer (briefed), Donna Morros Weinstein, Chief Counsel, Thomas P. Turner, Dept. of Health and Human Services, Office of the General Counsel, Region V, Chicago, Ill., Francis L. Zebot, Asst. U.S. Atty., Detroit, Mich., for defendant-appellee.

Before MERRITT, Chief Judge and JONES and WELLFORD, Circuit Judges.

PER CURIAM.

The sole issue in the case is whether the Secretary properly reopened a prior decision to assess an overpayment of social security benefits. Richard J. Kassin claimed disability under the Social Security Act as the result of a heart attack in June 1976. Kassin was promptly paid disability benefits but soon thereafter returned to work. It is conceded that his "wages were substantial and were timely reported to the IRS." Kassin earned over $16,000 in 1978...

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