Hatch v. Heckler

MEMORANDUM OF OPINION AND ORDER

SCHWARZER, District Judge.

Plaintiff commenced this action under 42 U.S.C. § 405(g) to obtain judicial review of a final decision by the Secretary of Health and Human Services that disability benefits payable on plaintiff’s earnings account are subject to reduction because of plaintiff’s receipt of a state workers’ compensation settlement arising from the same injury. The action comes before this Court on cross-motions for summary judgment.

Federal disability benefits are subject to reduction when the person on whose earnings account the benefits are paid also…