MISKEY v. KIJAKAZI

No. 20-16597.

33 F.4th 565 (2022)

Paul MISKEY, Plaintiff-Appellant, v. Kilolo KIJAKAZI, Acting Commissioner of Social Security, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed May 3, 2022.


Attorney(s) appearing for the Case

Richard E. Donaldson (argued), Las Vegas, Nevada, for Plaintiff-Appellant.

Elizabeth Firer (argued), Special Assistant United States Attorney; Deborah Lee Stachel , Chief Counsel, Region IX; Christopher Chiou , Acting United States Attorney; Office of General Counsel, Social Security Administration, San Francisco, California; for Defendant-Appellee.

Before: Richard A. Paez and Michelle T. Friedland, Circuit Judges, and Edward R. Korman, District Judge.


OPINION

Under certain circumstances, the Government Pension Offset ("GPO") reduces the amount of Social Security spousal benefits paid to an individual who is also receiving a government pension. See 20 C.F.R. § 404.408a(a). Paul Miskey contends that he is entitled to receive spousal benefits that...

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