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LEMIRE v. SECRETARY OF HEALTH AND HUMAN SERVICES

Civ. No. 87-331-D.

682 F.Supp. 102 (1988)

Patricia T. LEMIRE v. SECRETARY OF HEALTH AND HUMAN SERVICES.

United States District Court, D. New Hampshire.

February 22, 1988.

Attorney(s) appearing for the Case

Ellen S. Friedman, Nashua, N.H., for plaintiff.

Gretchen Leah Witt, Asst. U.S. Atty., Concord, N.H., for defendant.

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. Lemire's benefits, the Administrative Law Judge ("ALJ") offset a $70,000 lump sum worker's compensation settlement she had received. Plaintiff appealed the ALJ's decision, arguing that $30,000 of the lump sum payment should...

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