Legal Opinion
Rodlin v. Secretary of Health and Human Services
District Court, D. New Jersey
Decided August 23, 1990No. Civ. A. 88-5412 (SSB)PublishedCited by 7 opinions
1Opinion of the Court
OPINION
BROTMAN, District Judge.
Pursuant to 42 U.S.C. § 405(g), plaintiff seeks judicial review of a final determination by the Secretary of Health and Human Services (“Secretary”) to offset plaintiff’s disability insurance benefits due to his receipt of a lump sum worker’s compensation award. Plaintiff contends that the Secretary's decision to prorate the lump sum award based on the periodic rate of benefits he previously received is irrational and that the Secretary should prorate the lump sum over his life expectancy. For the reasons stated herein, this court will affirm the decision of the…
2Cases cited9 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- United States v. ShimerSupreme Court of the United States · 1961
- Van Horn, John v. Schweiker, Richard S., Secretary of Health and Human ServicesCourt of Appeals for the Third Circuit · 1983
- Garcia v. San Antonio Metropolitan Transit AuthoritySupreme Court of the United States · 1984
- State of New Jersey v. Department of Health and Human ServicesCourt of Appeals for the Third Circuit · 1981
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Thomas F. Sanfilippo v. Jo Anne B. Barnhart, Commissioner of Social SecurityCourt of Appeals for the Third Circuit · 2003
- Hodge v. SullivanDistrict Court, D. Oregon · 1992
- Sanfilippo v. BarnhartCourt of Appeals for the Third Circuit · 2003
- Avery v. AstrueDistrict Court, D. Massachusetts · 2009
- Bubnis v. ChaterDistrict Court, E.D. New York · 1997
2 more not listed; retrieve them via the Exa API.