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COSTELLO v. ASTRUE

No. 06-4083.

499 F.3d 648 (2007)

Florine COSTELLO, Plaintiff-Appellant, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 23, 2007.

Attorney(s) appearing for the Case

Edward Kraus (argued), Chicago-Kent College of Law, Chicago, IL, Steven J. Plotkin, Evanston, IL, for Plaintiff-Appellant.

Kristin N. Wuerffel (argued), Social Security Administration, Office of the General Counsel, Chicago, IL, for Defendant-Appellee.

Before EASTERBROOK, Chief Judge, and MANION and WOOD, Circuit Judges.

EASTERBROOK, Chief Judge.

Florine Costello visited her local Social Security office in 1994 with a straightforward question: from which of her two ex-husbands could she collect the largest monthly benefit check? (Divorcees can draw retirement benefits on their former spouses' earnings records. 42 U.S.C. § 402(b).) Based on the advice she received, she applied for (and received) benefits for which, it turns out, she was ineligible. The SSA eventually discovered...

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