Carol Geschke v. Michael Astrue

BERZON, Circuit Judge, concurring:

I fully concur in the disposition. I wish to note, however, that the long delay in determining that Geschke was engaged in substantial gainful activity, combined with the circumstance that her earnings were being reported to the Social Security Administration (SSA) and were recognized by the SSA in notices increasing her benefits, may well render recoupment inappropriate under the standards articulated in 42 U.S.C. § 404(b), providing for waiver of recoupment where the recipient is “without fault” and “recovery ... would be against equity and good conscience.”