Douglas Cox v. Michael J. Astrue

Filing

PER CURIAM OPINION FILED - THE COURT: Kermit E. Bye, Raymond W. Gruender and Duane Benton (UNPUBLISHED) [3961366] [12-1533]

United States Court of Appeals
For the Eighth Circuit
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No. 12-1533
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Douglas L. Cox
lllllllllllllllllllll Plaintiff - Appellant
v.
Michael J. Astrue, Social Security Commissioner
lllllllllllllllllllll Defendant - Appellee
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Appeal from United States District Court
for the Western District of Missouri - Kansas City
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Submitted: October 3, 2012
Filed: October 9, 2012
[Unpublished]
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Before BYE, GRUENDER, and BENTON, Circuit Judges.
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PER CURIAM.
Douglas L. Cox appeals the district court’s1 order affirming the determination
that he is not entitled to a waiver of recovery of overpaid disability insurance benefits.
1

The Honorable Dean Whipple, United States District Judge for the Western
District of Missouri.

Appellate Case: 12-1533

Page: 1

Date Filed: 10/09/2012 Entry ID: 3961366

Upon de novo review, see Sipp v. Astrue, 641 F.3d 975, 981 (8th Cir. 2011), we agree
with the district court that substantial evidence supports the administrative law
judge’s determination that Cox was not without fault in causing the overpayment. We
also find no abuse of discretion in the district court’s denial of Cox’s motion for
appointment of counsel. See Phillips v. Jasper County Jail, 437 F.3d 791, 794 (8th
Cir. 2006) (standard of review; there is no constitutional or statutory right to counsel
in civil case). The district court is affirmed. See 8th Cir. R. 47B.
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Appellate Case: 12-1533

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Date Filed: 10/09/2012 Entry ID: 3961366