The following excerpt is from Fremont v. Sullivan, 959 F.2d 240 (9th Cir. 1992):
20 C.F.R. 404.507 (1991). In making this determination all the circumstances, including the recipient's age, intelligence, education, and physical and mental condition must be considered. See 42 U.S.C. 404(b); 20 C.F.R. 404.507 (1991). The burden is on Fremont to show he is without fault. Anderson v. Sullivan, 914 F.2d 1121, 1122 (9th Cir.1990).
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