BABCOCK v. KIJAKAZI

No. 20-480.

142 S.Ct. 641 (2022)

595 U.S. 77

David Bryon BABCOCK, Petitioner v. Kilolo KIJAKAZI, Acting Commissioner of Social Security.

Supreme Court of United States.

Decided January 13, 2022.


Attorney(s) appearing for the Case

Neal K. Katyal, Washington, DC, for Petitioner.

Nicole Reaves, Washington, DC, for Respondent.

Elizabeth B. Prelogar, Acting Solicitor General, Counsel of Record, Brian M. Boynton, Acting Assistant Attorney General, Edwin S. Kneedler, Deputy Solicitor General, Nicole Frazer Reaves, Assistant to the Solicitor General, Alisa B. Klein, Sushma Soni, Attorneys Department of Justice, Washington, DC, for Respondent.

Ronald M. Bahrie, Justin M. Bahrie, Nicholas A. Kipa, Bahrie Law, Plle, Lansing, MI, Neal Kumar Katyal, Counsel of Record, Jessica L. Ellsworth, Reedy C. Swanson, Hogan Lovells Us LLP, Washington, DC, for Petitioner.


The Social Security Act generally reduces the benefits of retirees who receive payments from separate pensions based on employment not subject to Social Security taxes. The reduction is not triggered, though, by payments "based wholly on service as a member of a uniformed service." We must decide...

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