Key legal question
Whether the repayment waiver conditions under Article 25 ATSG were met, in particular good faith in receiving the overpaid EL.
Extracted holding
The appellant could not invoke good faith because the omitted spouse income and the unusually high EL amount were readily recognisable, requiring inquiry.
Extracted reasoning
Given the prior calculation sheets, the known continuing employment of the wife, and the appellant’s participation in the proceedings, the calculation error was obvious enough to impose a duty to ask the administration.