Dillard v. Massanari

MEMORANDUM AND ORDER REGARDING REPORT AND RECOMMENDATION ON PLAINTIFF’S MOTION TO REVERSE AND DEFENDANTS MOTION TO AFFIRM COMMISSIONER(Docket No. 18)

PONSOR, District Judge.

In this case the plaintiff seeks judicial review of the final decision of the defendant, the Commissioner of the Social Security Administration, pursuant to 42 U.S.C. § 405(g). The decision being challenged concerns the applicability of a Government pension offset to widow’s insurance benefits for which the plaintiff would otherwise be qualified. The defendant applied the offset in a manner which eliminated plaintiffs…