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McCARTHY v. APFEL

No. 98-15238.

221 F.3d 1119 (2000)

Charles M. McCARTHY, Jr., Plaintiff-Appellant, v. Kenneth S. APFEL, Commissioner of the Social Security Administration, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Submission Deferred March 9, 1999.

Submitted June 9, 2000.

Filed August 15, 2000.

Attorney(s) appearing for the Case

James Reyer, Sparks, Nevada, for the plaintiff-appellant.

Donna Wade Anderson and John N. Carvelas (argued), United States Social Security Administration, San Francisco, California, for the defendant-appellee.

Before: O'SCANNLAIN and WARDLAW, Circuit Judges, and BYRNE, District Judge.

BYRNE, Senior District Judge:

Appellant Charles M. McCarthy, Jr. ("McCarthy") appeals from the district court's decision on summary judgment (1) upholding the Commissioner of Social Security's determination that McCarthy was overpaid $10,207.00 in disability insurance benefits pursuant to Title II of the Social Security Act, 42 U.S.C. § 401 et seq., and (2) remanding the case to the Commissioner pursuant to 42 U.S.C. § 405(g) for a determination of...

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