kale reported to the social security administration that her that her mother was living in puerto rico and therefore not kowtow to receive the social security benefits is that just specific to puerto rico and the northern mariana islands with that ninety five thousand dollars fine quality and as well as a hundred thousand dollars settlement mr payton can i ask you to we don't have a whole lot of time and we heard argument from you last yes case and after that we directed you all to file new briefs and yes when we got to the right court and we asked you to address whether your client's administrative appeals timely you were brief did not a court's ruling i believe we have thirty days to respond we've spotted in twenty four days now the court i mean it rather the ministry to hear experience decided that that was not timely because they automatically assume five days for service and that's not what happened in this situation we received a notice twenty four days before we responded which was within a thirty day period they five day period for service which didn't happen and therefore is aware sometimes the post office doesn't get things to people in a in a timely manner and that's why they said it was not within thirty days now in the time that she was living with him seem to numerous trips to from chicago to puerto rico and due in a period of time she would often come back to chicago and then she go back to puerto rico now to notify so security administration in the statute the sanctions say under eleven twenty nine it states that under the act a person is subject to penalty any person who knowingly misrepresent a material fact for the s s a as you said determine the right to s s i benefits the right to s s benefits or them out of those benefits makes a statement without knowingly without knowing disregard for the truth otherwise we're told the fact he knows or should have know was material to s s ace s s a's determination eligibility for benefits for benefit a mouse the fact of material if it may be considered in of evaluating whether individuals eligible for s s i benefits of payments and i think that's the key whether he knew or should have known that it was material and they said sure if spore ever appeal to the  know there's there's no separate argument on point you've you say page four of your brief that the o j ruled on march sixth that on march eighteenth you received notice you know on april sixteen material facts to that effect that the s s a's determination of benefits is it correct that during the relevant time the straightened mr crespo as mother was actually living in the in puerto rico and collecting her mother's retirement benefits i believe she collected some time before she was a pay she was collecting s s i benefits for her mother and then some time later in puerto  but i think the key element in this matter is your honor that the she did not prove their case against mr crespo was that they did not prove that he had knowledge of the law that says that if she leaves the united states going back and forth to puerto rico that if she's gone for more than thirty days that's she's no longer eligible for benefits they did not present conclusive evidence that he had not he stated that he did not know that he was not aware that  he did not know that she had met his first that in attempt to actually move back to puerto rico in the to in the hearing there was there was some if a mission presented to a hearing officer that she decided to move to puerto rico in two thousand and twelve and september two thousand and twelve is when she decided that she was moving back to puerto rico and my client had no no knowledge of all he knew is that she constantly was going back and forth from chicago to puerto rico determination the application is not no longer signed but the s s a practice this call for face to face interviews the employee ask a series of questions including where the beneficiary lives the fi office employee explains the represented pays duties reporting responsibility a lot of deliveries for failing to report or otherwise not complying with s s a rules the employee also gives the applicant a written copy of those instructions had it not provided appropriate answers he could not have been naming his mother's representative payee that is all assumptions by the hearing office by the by the hearing judge there were a document presented in the hearing the document was not signed by mr crespo and i think that's really important because it shows that he did not have that information and we cannot presume that the social benefits no matter where you live anywhere within the world but to receive disability benefits you need to live in one of the fifty states district of columbia or the northern mariana islands at the time the mr cross but was receiving disability benefits for his mother his mother was also receiving disability but retirement benefits for her mother and she was receiving them in puerto rico and there she was a positive in a bank in puerto rico so there really is no doubt that she during this time period she was living in puerto rico  it's also emphasized by the fact that once they initiate investigations and they called mr crosspoint his mother in for a meeting which was two or three days later after the noticed mrs crossbows mother flew into the country from puerto rico the day before that meeting and but yet at the meeting said she had been and they said this arrest was that she had been living in ited states from february through august and had not left which just was not true i thought but do we do we have jurisdiction in light of the fact that there was no appeal to the appeal board within the department hey this court has jurisdiction to determine whether or not the ruling of the department of timely appeal eliminates federal jurisdiction i mean i believe that this court does have jurisdiction to review what the department appeals court did ok which was fine that it was not timely but that the the evidence that was presented to the apartment of appeals board clearly show that it was not timely it was filed late