COULSTON v. APFEL

No. 99-4183.

224 F.3d 897 (2000)

Jim COULSTON, Appellant, v. Kenneth S. APFEL, Commissioner of Social Security, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided September 21, 2000.


Attorney(s) appearing for the Case

Joseph G. Basque, Council Bluffs, IA, argued, for Appellant.

Inga Bumbary-Langston, Des Moines, IA, argued (Ann K. Reeg, Kansas City, MO, on the brief), for Appellee.

Before WOLLMAN, Chief Judge, BEAM, and BYE, Circuit Judges.


PER CURIAM.

Occasionally, the Social Security Administration (the Administration) sends a benefit check to the wrong person. When this occurs, the Administration is entitled to recover the money unless the recipient of the check was without fault and recovery would subvert the purpose of social security or be against equity and good conscience. See 42 U.S.C. § 404.

In this case, the Administration erroneously sent a $20,658 check to Jim Coulston...

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