Legal Opinion

Jimmy Swain, Arlene Weaver and Frank W. Bower v. Richard Schweiker, Secretary of Health and Human Services

Court of Appeals for the Eleventh Circuit

Decided May 17, 1982No. 81-5228PublishedCited by 14 opinions

1Opinion of the Court

JAMES C. HILL, Circuit Judge:

The Secretary of Health and Human Services appeals the decision of the district court ordering the Secretary to reimburse each appellee for any past reduction in Social Security disability benefits made as an offset for workmen’s compensation benefits paid to each appellee under Florida law. The sole question presented is whether the district court erred in its interpretation of the offset provision in § 224 of the Social Security Act, 42 U.S.C. § 424a (1976).

I. The Background of the Case

A. The Statutory Framework

Federal Social Security benefits based on a…

2Cases cited5 opinions

  1. Richardson v. BelcherSupreme Court of the United States · 1971
  2. Albert W. Freeman v. Patricia Roberts Harris, Secretary of Health and Human Services, DefendantCourt of Appeals for the Fifth Circuit · 1980
  3. Richard A. Kananen v. David Matthews, Secretary of Health, Education, and WelfareCourt of Appeals for the Eighth Circuit · 1977
  4. DEPT. OF TRANSP., DIVISION OF RISK v. LindseyDistrict Court of Appeal of Florida · 1980
  5. State, Department of Transportation v. MatthewsDistrict Court of Appeal of Florida · 1980

3Cited by14 opinions

  1. Arnold v. United Parcel Service, Inc.Court of Appeals for the First Circuit · 1998
  2. Harris v. Department of Labor & IndustriesWashington Supreme Court · 1993
  3. Guiseppe SCIAROTTA, Appellee, v. Hon. Otis R. BOWEN, Secretary of the Department of Health and Human Services, AppellantCourt of Appeals for the Third Circuit · 1988
  4. Eddie Tyrone Cranford v. United StatesCourt of Appeals for the Eleventh Circuit · 2006
  5. Bobby MERZ, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-AppelleeCourt of Appeals for the Sixth Circuit · 1992

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