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MERZ v. SECRETARY OF HEALTH AND HUMAN SERVICES

No. 91-3169.

969 F.2d 201 (1992)

Bobby MERZ, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided July 8, 1992.

Attorney(s) appearing for the Case

John A. Cervay (argued and briefed), Dayton, Ohio, for Bobby Merz.

George Jackiw (argued and briefed), Dept. of Health and Human Services, Office of the General Counsel, Region V, Chicago, Ill., Nicholas J. Pantel, Asst. U.S. Atty., Cincinnati, Ohio, Joseph E. Kane, Asst. U.S. Atty., Columbus, Ohio, for Secretary of Health and Human Services.

Before: MARTIN and MILBURN, Circuit Judges, and BROWN, Senior Circuit Judge.

MILBURN, Circuit Judge.

Plaintiff Bobby Merz appeals the district court's judgment affirming the final decision of the defendant, the Secretary of Health and Human Services, that plaintiff's social security disability benefits are subject to the offset provision of 42 U.S.C. § 424a(a) due to the receipt of his Ohio workers' compensation benefits. On appeal, the sole issue presented is whether the Social Security Administration may reduce Merz's benefits in order...

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