Legal Opinion

Lemire v. Secretary of Health and Human Services

District Court, D. New Hampshire

Decided February 22, 1988No. Civ. 87-331-DPublishedCited by 5 opinions

1Opinion of the Court

OPINION

DEVINE, Chief Judge.

Plaintiff Patricia T. Lemire filed an application for disability insurance benefits on June 6, 1984, and was found to be disabled as of March 16, 1982, in a July 23, 1985, hearing decision. In calculating Mrs. Le-mire’s benefits, the Administrative Law Judge (“AU”) offset a $70,000 lump sum worker’s compensation settlement she had received. Plaintiff appealed the AU’s decision, arguing that $30,000 of the lump sum payment should not have been offset because it was awarded under the New Hampshire Workers’ Compensation law, Revised Statutes Annotated (“RSA”) 281:26,…

2Cases cited16 opinions

  1. Richardson v. BelcherSupreme Court of the United States · 1971
  2. National Labor Relations Board v. Amax Coal Co.Supreme Court of the United States · 1981
  3. Franks v. White Pine Copper DivisionMichigan Supreme Court · 1985
  4. Gaynell McCuin v. Secretary of Health and Human ServicesCourt of Appeals for the First Circuit · 1987
  5. 6 soc.sec.rep.ser. 142, Medicare&medicaid Gu 34,082 Rose Mayburg v. Secretary of Health and Human ServicesCourt of Appeals for the First Circuit · 1984

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3Cited by5 opinions

  1. Albert E. DAVIDSON, Plaintiff, Appellee, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, Defendant, AppellantCourt of Appeals for the First Circuit · 1991
  2. Gerald v. HODGE, Plaintiff-Appellee, v. Donna SHALALA, Secretary of Health and Human Services, Defendant-AppellantCourt of Appeals for the Ninth Circuit · 1994
  3. Gibbons v. BarnhartDistrict Court, D. Delaware · 2005
  4. Hodge v. SullivanDistrict Court, D. Oregon · 1992
  5. Avery v. AstrueDistrict Court, D. Massachusetts · 2009

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