Overpayment

Title II benefits recouped for overpayment recovery can be counted as income when determining SSI payment levels. Counting withheld Title II amounts as income does not violate the availability principle. This was brought as a class action with a Massachusetts class certified.

Recipient who failed to report changes in her husband's overtime earnings between annual evaluations was "not without fault."

Although claimant's profit was not significant and may be attributable in part to the gratuitous assistance he received from others, this does not prevent a finding that the activity was gainful and that profit resulted in part from his efforts. Supervisory, managerial, advisory or other…