Questão jurídica principal
Whether the repayment of unlawfully received invalidity benefits should be waived for lack of good faith and hardship.
Decisão extraída
Good faith must exist during receipt of the benefits; later deceit or failure to report work activity does not retroactively destroy good faith for earlier provisional payments.
Fundamentação extraída
Art. 25 ATSG protects recipients who received benefits in good faith and in hardship. The wording covers the period of receipt, irrespective of whether payments were provisional under Art. 19(4) ATSG or based on a final decision. The BSV showed no legal basis for retroactive denial of good faith for earlier payments.