MAZZA v. SEC. OF DEPT. OF HEALTH & HUMAN SERVICES

No. 89-5601.

903 F.2d 953 (1990)

Sam MAZZA, Appellant, v. SECRETARY OF DEPARTMENT OF HEALTH AND HUMAN SERVICES of the United States, Appellee.

United States Court of Appeals, Third Circuit.

Decided May 17, 1990.

Rehearing and Rehearing Denied July 25, 1990.


Attorney(s) appearing for the Case

Terence Farrell, (argued), Community Health Law Project, East Orange, N.J., for appellant.

Samuel A. Alito, Jr., U.S. Atty., Susan J. Steele, (argued), Asst. U.S. Atty., Newark, N.J., for appellee.

Before HUTCHINSON, COWEN and WEIS, Circuit Judges.


Rehearing and Rehearing In Banc Denied July 25, 1990.

OPINION OF THE COURT

WEIS, Circuit Judge.

The claimant here filed concurrent claims for Social Security Disability and Supplemental Security Income payments. Asserting that a statutory amendment granted an option, the Social Security Administration calculated the disability benefits first and offset them against potential SSI payments, despite a long-standing practice to the contrary. As a result...

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