Casey v. Berryhill

Federal 7th Circuit Court
Civil Court
Social Security
Citation
Case Number: 
No. 15-2810
Decision Date: 
January 30, 2017
Federal District: 
N.D. Ind., Hammond Div.
Holding: 
Reversed and remanded

Dist. Ct. erred in affirming Social Security Appeals Council’s order that dismissed claimant’s request for review of ALJ decision requiring claimant to repay $334,000 in disability payments, after ALJ found that claimant could not receive said payments in addition to money claimant had received in federal Witness Protection Program. Record showed that Appeals Council had essentially granted claimant’s motion to file untimely request for review based on claim that claimant’s counsel had never received ALJ’s decision. As such, Appeals Council could not reverse course and dismiss said request for review based on finding that said request was untimely. Accordingly, remand was required for determination on merits of request for review.