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BUBNIS v. APFEL

Nos. 1733, Docket 97-6085.

150 F.3d 177 (1998)

Kevin BUBNIS, Plaintiff-Appellant, v. Kenneth APFEL, Commissioner of Social Security, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided July 16, 1998.

Attorney(s) appearing for the Case

Victor Fusco, Woodbury, NY, (Marc A. Grodsky, Scheine, Fusco, Brandenstein & Rada, P.C., on the brief), for Plaintiff-Appellant.

Leslie Brodsky, Assistant United States Attorney, Brooklyn, NY, (Zachary W. Carter, United States Attorney for the Eastern District of New York, Varuni Nelson, Assistant United States Attorney, on the brief), for Defendant-Appellee.

Before: CARDAMONE, McLAUGHLIN, and JACOBS, Circuit Judges.

JACOBS, Circuit Judge:

Plaintiff-appellant Kevin Bubnis is a recipient of federal disability payments who has also received a New York State workers' compensation lump-sum settlement award. The Social Security Act, 42 U.S.C. § 424a(a), requires in certain circumstances (which exist here) that monthly federal disability payments be offset in part by the amount of a recipient's state workers' compensation payments. 42...

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