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SMITHBACK v. SULLIVAN

No. 88-2203.

899 F.2d 698 (1990)

Robert L. SMITHBACK, Plaintiff-Appellant, v. Louis W. SULLIVAN, M.D., Secretary, Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided April 17, 1990.

Attorney(s) appearing for the Case

Robert L. Smithback, Madison, Wis., for plaintiff-appellant.

Debra L. Schneider, Asst. U.S. Atty., Madison, Wis., Michael C. Messer, Dept. of Health and Human Services, Region V, Office of the Gen. Counsel, Chicago, Ill., for defendant-appellee.

Before CUDAHY, and POSNER, Circuit Judges, and PELL, Senior Circuit Judge.

PELL, Senior Circuit Judge.

Prior to turning 62 on June 5, 1986, Robert L. Smithback talked by telephone to his local Social Security Administration office ("the Agency") to find out about the reduction in retirement benefits for filing prior to reaching age 65. An Agency employee informed Smithback in a "conversational" way that he would receive much less in benefits if he filed early. On January 14, 1987, after a friend advised him to file immediately in order to...

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