Charles M. McCarthy Jr. v. Kenneth S. Apfel, Commissioner of the Social Security Administration

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• providing examples of reliable evidence that the Commissioner could present to meet his burden of proving the amount of overpayment
• noting lower 14 court’s remand when record demonstrated claimant’s average monthly expenses 15 exceeded average monthly income
• “We simply hold that production of an initial determination letter is not enough and that, on remand, the Commissioner continues to bear the burden of establishing by substantial evidence the amount of the overpayments[.]” (emphasis added)
• Section 404.946(a) expressly contemplates notification “at the hearing”

Source: CourtListener parenthetical corpus (CC0).