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    Meriwether v. Apfel, 10th Cir. (2000)

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    The United States Court of Appeals for the Tenth Circuit affirmed the district court's decision that the date of Faris Gore's disappearance, July 2, 1987, was also most likely the date of his death. Gaylen Meriwether, as co-trustee of Gore's trust, had received and deposited Social Security benefit checks sent to Gore's address for several years after his disappearance. The Commissioner sought to recover over $55,000 paid in retirement benefits after Gore's disappearance. The Court reviewed whether substantial evidence supported concluding Gore's date of death was July 2, 1987 and whether proper legal standards were applied.

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    Meriwether v. Apfel, 10th Cir. (2000)

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    The United States Court of Appeals for the Tenth Circuit affirmed the district court's decision that the date of Faris Gore's disappearance, July 2, 1987, was also most likely the date of his death. Gaylen Meriwether, as co-trustee of Gore's trust, had received and deposited Social Security benefit checks sent to Gore's address for several years after his disappearance. The Commissioner sought to recover over $55,000 paid in retirement benefits after Gore's disappearance. The Court reviewed whether substantial evidence supported concluding Gore's date of death was July 2, 1987 and whether proper legal standards were applied.

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    Filed: 2000-12-21 Precedential Status: Non-Precedential Docket: 99-3361

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    The United States Court of Appeals for the Tenth Circuit affirmed the district court's decision that the date of Faris Gore's disappearance, July 2, 1987, was also most likely the date of his death. Gaylen Meriwether, as co-trustee of Gore's trust, had received and deposited Social Security benefit checks sent to Gore's address for several years after his disappearance. The Commissioner sought to recover over $55,000 paid in retirement benefits after Gore's disappearance. The Court reviewed whether substantial evidence supported concluding Gore's date of death was July 2, 1987 and whether proper legal standards were applied.

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    6 views3 pages

    Meriwether v. Apfel, 10th Cir. (2000)

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    Scribd Government Docs
    The United States Court of Appeals for the Tenth Circuit affirmed the district court's decision that the date of Faris Gore's disappearance, July 2, 1987, was also most likely the date of his death. Gaylen Meriwether, as co-trustee of Gore's trust, had received and deposited Social Security benefit checks sent to Gore's address for several years after his disappearance. The Commissioner sought to recover over $55,000 paid in retirement benefits after Gore's disappearance. The Court reviewed whether substantial evidence supported concluding Gore's date of death was July 2, 1987 and whether proper legal standards were applied.

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    of 3

    F I L E D

    UNITED STATES COURT OF APPEALS


    FOR THE TENTH CIRCUIT

    United States Court of Appeals


    Tenth Circuit

    DEC 21 2000

    PATRICK FISHER
    Clerk

    GAYLEN MERIWETHER, co-trustee


    for the Faris William Gore Living
    Irrevocable Trust,
    Plaintiff-Appellant,
    v.

    No. 99-3361
    (D.C. No. 98-CV-2172-KHV)
    (D. Kan.)

    KENNETH S. APFEL, Commissioner


    of Social Security,
    Defendant-Appellee.
    ORDER AND JUDGMENT

    Before TACHA , EBEL , and BRISCOE , Circuit Judges.

    After examining the briefs and appellate record, this panel has determined
    unanimously to grant the parties request for a decision on the briefs without oral
    argument. See Fed. R. App. P. 34(f); 10th Cir. R. 34.1(G). The case is therefore
    ordered submitted without oral argument.

    This order and judgment is not binding precedent, except under the
    doctrines of law of the case, res judicata, and collateral estoppel. The court
    generally disfavors the citation of orders and judgments; nevertheless, an order
    and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.

    Appellant Gaylen Meriwethers father, Faris Gore, disappeared on July 2,


    1987. The Social Security Administration continued to send benefit checks to
    Mr. Gores address for several years after his disappearance. Ms. Meriwether, as
    the co-trustee of her fathers property, received the checks and arranged for them
    to be deposited in a bank account. Upon learning of Mr. Gores disappearance,
    the Commissioner instituted proceedings to recover over $55,000 in retirement
    benefits. The ALJ determined that the date of Mr. Gores disappearance was also
    most likely the date of his death. The district court affirmed that conclusion.
    Ms. Meriwether appeals, and we affirm.
    The sole issue on appeal is whether the district court was correct in
    agreeing with the Commissioners conclusion that Mr. Gores date of death was
    July 2, 1987. Our review on appeal is limited to determining whether substantial
    evidence supports the decision of the Commissioner and whether the proper legal
    standards were applied.

    Clifton v. Chater , 79 F.3d 1007, 1009 (10th Cir. 1996).

    We have reviewed the briefs of the parties, the applicable law, and the record in
    this case and affirm for substantially the reasons stated by the district court.

    -2-

    The judgment of the district court is AFFIRMED.

    Entered for the Court

    Mary Beck Briscoe


    Circuit Judge

    -3-

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