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HIGGINBOTHAM v. HECKLER

No. 84-2117.

767 F.2d 408 (1985)

Martha HIGGINBOTHAM, and Joe L. Higginbotham on Behalf of Rodney A. Bryant, Appellants, v. Margaret M. HECKLER, Secretary of Health and Human Services, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided June 26, 1985.

Attorney(s) appearing for the Case

Peggy S. Hedrick, Springfield, Mo., for appellants.

E. Eugene Harrison, Asst. U.S. Atty., Kansas City, Mo., for appellee.

Before JOHN R. GIBSON, Circuit Judge, FLOYD R. GIBSON, Senior Circuit Judge, and BOWMAN, Circuit Judge.

JOHN R. GIBSON, Circuit Judge.

The issue before us is the relationship between the provision of Title II of the Social Security Act that requires certain offsets to disability benefits, 42 U.S.C. § 424a (1982), and the provision which allows recovery of overpayments to be waived to effectuate the purpose of the Act. Id. § 404(b). Martha Higginbotham, acting on her own behalf, and Joe L. Higginbotham, acting on behalf of adopted minor Rodney A. Bryant...

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