[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FILED
FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS
________________________ ELEVENTH CIRCUIT
APR 20, 2006
No. 05-12748 THOMAS K. KAHN
________________________ CLERK
D. C. Docket No. 03-00162-CV-RLH-1
CARL R. CARTE,
Plaintiff-Appellant,
versus
JO ANNE B. BARNHART,
Commissioner of Social Security,
Defendant-Appellee.
________________________
Appeal from the United States District Court
for the Middle District of Georgia
_________________________
(April 20, 2006)
Before DUBINA, MARCUS and PRYOR, Circuit Judges.
PER CURIAM:
Carl Ray Carte appeals the decision of the district court affirming the
determination of the Administrative Law Judge that Carte was not without fault in
the overpayment of $38,127.20 in disability benefits. See 42 U.S.C. § 404(b). The
ALJ determined that Carte was not without fault because Carte had failed to report
his work status to the Social Security Administration on a yearly basis. Because
the ALJ applied the wrong reporting requirement in determining fault, we reverse
and remand.
The reporting requirement that applies to recipients of disability benefits
instructs, “If you are entitled to cash benefits or to a period of disability because
you are disabled, you should promptly tell us if -- (a) Your condition improves; (b)
You return to work; (c) You increase the amount of your work; or (d) Your
earnings increase.” 20 C.F.R. § 404.1588. There is no “yearly” reporting
requirement in this provision. Although the regulations contain a yearly reporting
requirement, it does not apply to disability benefits: “If you have not reached full
retirement age . . . and you are entitled to a monthly benefit, other than only a
disability insurance benefit, you are required to report to us the total amount of
your earnings . . . for each taxable year.” 20 C.F.R. § 404.452(a)(1) (emphasis
added). On remand, the ALJ should apply the correct reporting requirement to
determine whether Carte was without fault.
REVERSED and REMANDED.
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