HODGE v. SHALALA

No. 92-35559.

27 F.3d 430 (1994)

Gerald V. HODGE, Plaintiff-Appellee, v. Donna SHALALA, Secretary of Health and Human Services, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided June 21, 1994.


Attorney(s) appearing for the Case

Steven Frank, U.S. Dept. of Justice, Washington, DC, for defendant-appellant.

James S. Coon, Royce, Swanson, Thomas & Coon, Portland, OR, for plaintiff-appellee.

Before: REINHARDT, BRUNETTI, and FERNANDEZ, Circuit Judges.


Opinion by Judge REINHARDT.

REINHARDT, Circuit Judge:

I. INTRODUCTION

The Secretary of Health and Human Services ("Secretary") appeals the district court's holding that Gerald Hodge ("Hodge") was not required to offset a state lump-sum disability award ("lump-sum award") against his federal social security benefits. We reverse. Under 42 U.S.C. § 424a(a)(2), Hodge must offset his lump-sum award for the months during which he also received his...

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