Bass v. Colvin
Filing
66
ORDER denying Plaintiff's 65 Motion/Request for Judicial Review, by Judge Robert S. Lasnik. (SWT)
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
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DONNIE L. BASS,
Plaintiff,
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No. C13-2025RSL
v.
NANCY A. BERRYHILL, Acting
Commissioner of the Social Security
Administration,
Defendant.
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This matter comes before the Court on plaintiff Donnie L. Bass’s “Request for Judicial
Review,” Dkt. # 65, which the Court understands to be a motion for reconsideration of the
Court’s order denying plaintiff’s request to deny defendant leave to substitute counsel. Dkt.
# 63. Having considered plaintiff’s request and the remainder of the record, the Court denies
plaintiff’s request.
Motions for reconsideration are disfavored in this district and will be granted only upon a
“showing of manifest error in the prior ruling” or “new facts or legal authority which could not
have been brought to [the Court’s] attention earlier with reasonable diligence.” LCR 7(h)(1).
Plaintiff has not met this burden.
On May 16, 2016, the Ninth Circuit held that plaintiff was entitled to a waiver of
overpayment, relieving plaintiff of the obligation to repay $8,845.19 in overpaid disability
insurance benefits under Title II of the Social Security Act. Dkt. # 47. On August 12, 2016,
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ORDER DENYING PLAINTIFF’S
REQUEST FOR JUDICIAL REVIEW
ORDER DENYING PLAINTIFF’S
REQUEST FOR JUDICIAL REVIEW - 1
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defendant represented that “SSA will (1) waive any remaining repayment; and (2) pay back to
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Plaintiff and his child all money already collected from the overpayment.” Dkt. # 51 at 2. On
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August 16, 2016, this Court adopted the Report and Recommendation of the Honorable James P.
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Donohue, Dkt. # 53, and dismissed this case with prejudice. Dkt. ## 54, 55.
On January 13, 2017, plaintiff notified the Court that he had received a letter from the
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SSA, dated November 16, 2016, informing plaintiff that he owed the SSA $17,331.40. Dkt.
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# 56. On February 2, 2017, the Court ordered defendant to show that the Social Security
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Administration had not violated the orders of this Court and the Ninth Circuit by asking plaintiff
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to repay $17,331.40 in overpaid benefits. Dkt. # 57. Defendant responded, clarifying that the
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amount sought from plaintiff is currently $8,486.21, which derives from an unadjudicated
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overpayment of $10,687 but nonetheless accounts for the court-ordered overpayment waiver of
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$8,845.19. Dkt. # 60. Defendant indicated that plaintiff had administratively requested
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reconsideration of the newly calculated $8,486.21 overpayment. Dkt. # 60-1. Satisfied that the
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Social Security Administration had followed the court orders, the Court vacated its order to
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show cause. Dkt. # 61.
Also in February 2017, attorney Nancy A. Mishalanie appeared on behalf of defendant,
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and attorney Richard A. Morris withdrew as counsel for defendant. Dkt. ## 58, 59. On
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February 16, 2017, plaintiff asked the Court to deny defendant’s change of counsel. Plaintiff
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further indicated that he had challenged the $17,331.40 overpayment administratively. Dkt.
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# 62.
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The Court denied plaintiff’s request to prevent defendant from changing counsel. The
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Court further indicated that because the $8,486.21 overpayment that the SSA now seeks from
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plaintiff appears to be unrelated to the overpayment addressed in the orders of this Court and of
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the Ninth Circuit, the Court lacks jurisdiction to address the $8,486.21 overpayment until
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plaintiff has exhausted his administrative remedies and received a final decision regarding that
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overpayment from the Commissioner of Social Security. See Dkt. # 63.
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ORDER DENYING PLAINTIFF’S
REQUEST FOR JUDICIAL REVIEW - 2
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Plaintiff’s request for judicial review asserts that the Court has impermissibly modified its
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previous order relieving plaintiff of the obligation to repay $8,845.19 in overpaid disability
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insurance benefits. As explained in the Court’s most recent order, Dkt. # 63, the Court’s
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adjudication of the $8,845.19 overpayment remains in effect. The $8,486.21 overpayment
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currently sought by the SSA, however, is unrelated to the Court’s previous order relieving
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plaintiff of the obligation to repay $8,845.19, and so this Court lacks jurisdiction to address it.
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Plaintiff must pursue his challenge to the SSA’s most recent request for overpayment through
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administrative action.
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For all the foregoing reasons, plaintiff’s request for judicial review (Dkt. # 65) is
DENIED.
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DATED this 25th day of April, 2017.
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A
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Robert S. Lasnik
United States District Judge
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ORDER DENYING PLAINTIFF’S
REQUEST FOR JUDICIAL REVIEW - 3
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