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MICHENER v. KIJAKAZI

No. 20-16834.

21 F.4th 1177 (2021)

Frances MICHENER, Plaintiff-Appellant, v. Kilolo KIJAKAZI, Acting Commissioner of Social Security; Social Security Administration, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed December 30, 2021.

Attorney(s) appearing for the Case

Thomas F. Allen, Jr. (argued), Frost Brown Todd LLC, Dallas, Texas; Aaron M. Bernay , Frost Brown Todd LLC Cincinnati, Ohio; William F. Murphy , Dillingham & Murphy, LLP, San Francisco, California; Jonathan M. Bruce , Law Office of Jonathan Bruce, LLC, Olathe, Kansas; for Plaintiff-Appellant.

Sushma Soni (argued) and Sharon Swingle , Appellate Staff; Stephanie Hinds , Acting United States Attorney; Brian M. Boynton , Principal Deputy Assistant Attorney General; Civil Division, United States Department of Justice, Washington, D.C.; Royce Min , General Counsel; Stacey W. Harris , Attorney; Office of Program Law, Office of the General Counsel, Social Security Administration, Washington, D.C.; for Defendants-Appellees.

Before: Paul J. Watford and Andrew D. Hurwitz, Circuit Judges, and M. Miller Baker, Judge.

OPINION

The Windfall Elimination Program ("WEP") reduces the Social Security benefits of individuals who receive a pension for work not covered by the Social Security system. 42 U.S.C. § 415(a)(7). The question for decision is whether the WEP applies to a Social Security beneficiary who receives benefits under...

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