BABCOCK v. COM'R OF SOCIAL SEC.

No. 19-1687.

959 F.3d 210 (2020)

David Bryon BABCOCK, Plaintiff-Appellant, v. COMMISSIONER OF SOCIAL SECURITY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 11, 2020.


Attorney(s) appearing for the Case

ARGUED: Nicholas A. Kipa , BAHRIE LAW, PLLC, Lansing, Michigan, for Appellant. Sushma Soni , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellee. ON BRIEF: Nicholas A. Kipa , BAHRIE LAW, PLLC, Lansing, Michigan, for Appellant. Sushma Soni , Alisa B. Klein , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellee.

Before: COLE, Chief Judge; BOGGS and SUTTON, Circuit Judges.


OPINION

This case asks us to decide whether a federal civil-service pension based on work as a National Guard dual-status technician qualifies as "a payment based wholly on service as a member of a uniformed service" under the Social Security Act. We agree with the district court that it does not.

I.

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