Douglas Cox v. Michael J. Astrue


PER CURIAM OPINION FILED - THE COURT: Kermit E. Bye, Raymond W. Gruender and Duane Benton (UNPUBLISHED) [3961366] [12-1533]

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 12-1533 ___________________________ Douglas L. Cox lllllllllllllllllllll Plaintiff - Appellant v. Michael J. Astrue, Social Security Commissioner lllllllllllllllllllll Defendant - Appellee ____________ Appeal from United States District Court for the Western District of Missouri - Kansas City ____________ Submitted: October 3, 2012 Filed: October 9, 2012 [Unpublished] ____________ Before BYE, GRUENDER, and BENTON, Circuit Judges. ____________ 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. ______________________________ -2- Appellate Case: 12-1533 Page: 2 Date Filed: 10/09/2012 Entry ID: 3961366

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