United States District Court, E.D. Missouri, Eastern Division
MEMORANDUM AND ORDER
G. FLEISSIG UNITED STATES DISTRICT JUDGE.
action, pro se Plaintiff Anna Yvette Moore seeks judicial
review of the final decision of the Commissioner of Social
Security that Plaintiff was overpaid $7, 463.37 in
Supplemental Security Income (“SSI”) benefits
from August 2011 through June 2013, due to unstated income
and excess resources; that Plaintiff was at fault in causing
the overpayment; and that she was liable for repayment of the
overpayment. For the reasons set forth below, the decision of
the Commissioner will be reversed and the case remanded for
reconsideration and/or clarification of calculations
underlying the overpayment determination.
who was born on July 20, 1966, filed for SSI benefits in May
1992. The application Plaintiff signed stated that the
failure to report any change within ten days after the end of
the month in which the change occurred could result in a
penalty deduction of benefits. The Social Security
Administration's (“SSA”) Disability
Determination and Transmittal dated July 30, 1992, finding
that Plaintiff was entitled to SSI, listed Plaintiff's
primary diagnosis as Mental Retardation, and secondary
diagnosis as Affective (Mood) Disorder. The record indicates
that Plaintiff's SSI benefits ranged from approximately
$675 to $700 per month.
prior to April 22, 2013, the SSA initiated a review of
Plaintiff's financial eligibility for SSI and requested
that she provide copies of her bank statements from March
2011 through April 2013. On April 22, 2013, Plaintiff
attested in writing as follows: “There was a cash
deposit into my bank account on November 01, 2012 in the
amount of $1, 803. I had been saving SSI checks so I could
make my mortgage payment that I had not paid for several
months. The funds went to my mortgage company.” Tr. 40.
letter dated June 4, 2013, the SSA informed Plaintiff that a
review of her financial records indicated that she had been
overpaid SSI benefits in the amount of $7, 463.37 from August
2011 through June 2013 (23 months), and that this was in
addition to an old overpayment of $1, 276.64 already on her
record. The June 4, 2013 letter stated that the basis of the
overpayment determination was “multiple unreported
deposits (unstated income) into your bank account, and some
months your resources (assets) were over the $2, 000 SSI
allowable resource limit.” Tr. 44.
sent another letter to Plaintiff on June 10, 2013. This
letter listed the 23 months at issue and the actual amount
the SSA claimed Plaintiff should have been paid for each of
these months. An explanation of the facts upon which these
amounts were based followed. For example, the letter stated,
Your special one-time rents, interest, dividends, or
royalties received September 2011 of $0.30, March 2012 of
$0.82, June 2012 of $0.32, December 2012 of $0.04 and March
2013 of $0.04.
Your special one-time payment of other unearned income
received August 2011 of $800.55, September 2011 of $740.00,
February 2012 of $530.00, March 2012 of $1, 681.38, April
2012 of $255.00, May 2012 of $1, 896.00, June 2012 of $1,
100.00, July 2012 of $230.00, August 2012 of $390.00, October
2012 of $310.00, November 2012 of $1, 973.00, December 2012
of $46.00, January 2013 of $100.00, February 2013 of $164.00
and March 2013 of $175.00.
“worksheets” explaining the purported
overpayments accompanied the letter. The worksheets show two
months of excess resources and 21 months of unstated income.
Tr. 60-79. Some of the worksheets calculate the payment
Plaintiff was due for one month, after accounting for
miscellaneous income during that month. See, e.g.,
Tr. 63. Some of these single-month worksheets state, without
explanation, that a previous month's income affected the
current month's payment due. See, e.g., Tr. 71.
In a number of the worksheets, payments due were determined
for two or more months. In some of the multiple-month
worksheets, a previous month's income was stated as
affecting the payments due for the months at issue. See,
e.g., Tr. 74 (“How we Figured Your Payment for
January 2013 through February 2013”; “Income you
receive in December 2012 affects your payment for January
2013 through February 2013.”)
income of $310.00 in October 2012, Tr. 52, was not factored
into any of the worksheets. And Plaintiff's income of
$46.00 in December 2012 appears to affect the payment due for
both December 2012, Tr. 73, and for January 2013 through
February 2013, Tr. 74.
Court's addition of the reported overpayments from August
2011 through June 2013, appearing on Tr. 48,  does not result
in a sum of $7, 463.37, but rather in a sum of $8, 443.01.
28, 2013, Plaintiff filed a request for reconsideration.
According to SSA records, she stated as follows: “I
disagree with the determination made on my claim for [SSI]
benefits because I was trying to save mortgage payment.
Family members were borrowing my money for various reasons
and they would put the money back into my account. I will
provide statements from family members about the account
activity and reasons for it.” Tr. 80. On ...