ARTZ v. BARNHART

No. 02-3882.

330 F.3d 170 (2003)

Jay ARTZ, Appellant v. Jo Anne B. BARNHART, Commissioner of the Social Security Administration.

United States Court of Appeals, Third Circuit.

Filed May 30, 2003.


Attorney(s) appearing for the Case

Brian G. Smith, (Argued), Community Health Law Project, Inc., Collingswood, NJ, for Appellant.

Anthony J. LaBruna, Assistant U.S. Attorney, Christopher J. Christie, United States Attorney, District of New Jersey, Newark, NJ, Karen T. Callahan (argued), Social Security Administration, Office of General Counsel — Region II, New York, NY, for Appellee.

Before ALITO, FUENTES and GREENBERG, Circuit Judges.


OPINION OF THE COURT

ALITO, Circuit Judge.

This appeal requires us to interpret and apply a provision of the Social Security Act, 42 U.S.C. § 402(x)(1)(A)(ii), that provides that disability insurance benefits and certain other benefits are not to be paid to a person who "is confined by court order in an institution at public expense in connection with ... a verdict or finding that the individual is not guilty of [a criminal] offense by reason of insanity...

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