Albert W. Freeman v. Patricia Roberts Harris, Secretary of Health and Human Services, Defendant

KRAVITCH, Circuit Judge.

The Secretary of Health, Education and Welfare (“the Secretary”) appeals from the decision of the district court that the effect of HEW’s practice of offsetting both Social Security disability payments and Black Lung benefits against state workers’ compensation payments is contrary to the intent of Congress. 1 We affirm in part and reverse and remand in part.

The plaintiff, Albert Freeman, suffered an injury to his arm while employed in the coal mines of the U.S. Pipe and Foundry Company in Alabama. This injury entitled him to state workers’ compensation payments which…