Legal Opinion

Kevin Bubnis v. Kenneth Apfel, Commissioner of Social Security

Court of Appeals for the Second Circuit

Decided July 16, 1998No. 1733, Docket 97-6085PublishedCited by 88 opinions

1Opinion of the Court

JACOBS, Circuit Judge:

Plaintiff-appellant Kevin Bubnis is a recipient of federal disability payments who has also received a New York State workers’ compensation lump-sum settlement award. The Social Security Act, 42 U.S.C. § 424a(a), requires in certain circumstances (which exist here) that monthly federal disability payments be offset in part by the amount of a recipient’s state workers’ compensation payments. 42 U.S.C. § 424a(a). When the state benefits are paid in the form of a lump-sum payment to replace periodic payments, the federal benefits must be reduced “in such amounts as the…

2Cases cited13 opinions

  1. Elmer G. Berry v. Richard Schweiker, Secretary of Health and Human ServicesCourt of Appeals for the Second Circuit · 1982
  2. Burnette YANCEY, Plaintiff-Appellant, v. Kenneth S. APFEL, Commissioner of Social Security Defendant-AppelleeCourt of Appeals for the Second Circuit · 1998
  3. Emma Powderly v. Richard S. Schweiker, Secretary of the Department of Health and Human Services, and Donald T. Regan, Secretary of the TreasuryCourt of Appeals for the Ninth Circuit · 1983
  4. Joseph KRYSZTOFORSKI, Appellant, v. Shirley S. CHATER, Commissioner of Social Security, AppelleeCourt of Appeals for the Third Circuit · 1995
  5. Ella M. DAVIS, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-AppelleeCourt of Appeals for the Sixth Circuit · 1989

8 more not listed; retrieve them via the Exa API.

3Cited by88 opinions

  1. Albert Shaw v. Shirley S. Chater, as Commissioner of the Social Security AdministrationCourt of Appeals for the Second Circuit · 2000
  2. Maria TEJADA, Plaintiff-Appellant, v. Kenneth S. APFEL, Commissioner of Social Security, Defendant-AppelleeCourt of Appeals for the Second Circuit · 1999
  3. Norman v. AstrueDistrict Court, S.D. New York · 2012
  4. Ryan v. AstrueDistrict Court, S.D. New York · 2014
  5. Roach v. MorseCourt of Appeals for the Second Circuit · 2006

83 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API