Legal Opinion
Frederick W. WHITESIDE, Plaintiff-Appellee, v. SECRETARY OF HEALTH & HUMAN SERVICES, Defendant-Appellant
Court of Appeals for the Sixth Circuit
Decided December 11, 1987No. 86-6109PublishedCited by 30 opinions
1Opinion of the Court
RYAN, Circuit Judge.
Defendant Secretary of Health and Human Services (the Secretary) appeals a decision of the district court permitting plaintiff Whiteside to retain social security benefits which the Secretary had previously determined were subject to deduction for an overpayment. The central issue is whether self-employment losses should be deducted from monthly wages in calculating monthly “excess wages” in a retiree’s “grace year,” as defined in 20 C.F.R. § 404.435 (1987), in order to determine whether the retiree’s benefits are subject to “deductions on account of work” under 42 U.S.C.…
2Cases cited7 opinions
- Skidmore v. Swift & Co.Supreme Court of the United States · 1944
- Luther D. Mullen v. Otis Bowen, Secretary of Health and Human Services, Richard G. Shepherd v. Otis Bowen, Secretary of Health and Human ServicesCourt of Appeals for the Sixth Circuit · 1986
- Red Lion Broadcasting Co. v. Federal Communications CommissionSupreme Court of the United States · 1969
- Federal Election Commission v. Democratic Senatorial Campaign CommitteeSupreme Court of the United States · 1981
- Federal Trade Commission v. Indiana Federation of DentistsSupreme Court of the United States · 1986
2 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Ella M. DAVIS, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-AppelleeCourt of Appeals for the Sixth Circuit · 1989
- Yellow Freight System, Inc. v. Lynn Martin, Secretary of Labor, United States Department of LaborCourt of Appeals for the Sixth Circuit · 1992
- Wolf Creek Collieries v. Olga Robinson and Director, Office of Workers' Compensation Programs, United States Department of LaborCourt of Appeals for the Sixth Circuit · 1989
- Bobby MERZ, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-AppelleeCourt of Appeals for the Sixth Circuit · 1992
- Michigan United Conservation Clubs v. LujanCourt of Appeals for the Sixth Circuit · 1991
25 more not listed; retrieve them via the Exa API.