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OLSON v. APFEL

No. 98-2014.

170 F.3d 820 (1999)

Donna OLSON, for the ESTATE OF Gordon E. OLSON, deceased, Plaintiff-Appellee, v. Kenneth S. APFEL, Commissioner of Social Security, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided March 11, 1999.

Attorney(s) appearing for the Case

Lowell V. Sturgill, Jr., Washington, DC, argued (Frank W. Hunger, Assistant Attorney General, John T. Schneider, United States Attorney and Freddi Lipstein, on the brief), for Appellant.

Edwin W. F. Dyer, III, Bismark, ND, argued, for Appellee.

Before LOKEN, JOHN R. GIBSON, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

LOKEN, Circuit Judge.

Gordon Olson injured his back working as a school custodian. He received North Dakota worker's compensation benefits, including a lump-sum permanent partial impairment award for loss of bodily function under N.D.Cent.Code §§ 65-05-12 to -14 (Supp. 1998). The Commissioner of Social Security determined that Olson was eligible for social security disability benefits but reduced those benefits under the federal statute that offsets social...

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