Howard v. United States

OPINION

SMITH, Chief Judge.

This ease is before the court on defendant’s Motion to Dismiss, or in the alternative, for Summary Judgment and plaintiffs Cross-Motion for Summary Judgment. Plaintiffs claim concerns the Social Security “offset” being applied by the Defense Finance and Accounting Service against her Military Survivor Benefit Plan annuity procured by her late husband.

*731FACTS

Plaintiffs second husband, John P. Howard, died on June 17,1995, having achieved a final grade of Lieutenant Colonel in the United States Air Force. At the time of his death, Lieutenant Colonel Howard was receiving…