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SCIAROTTA v. SECRETARY OF HHS

November 14, 1986

Guiseppe SCIAROTTA, Plaintiff,
v.
SECRETARY OF HEALTH & HUMAN SERVICES, Defendant



The opinion of the court was delivered by: COWEN

 FACTS AND PROCEDURAL HISTORY

 Guiseppe Sciarotta was employed by Trenton Pipe & Nipple Company. On July 19, 1979, he had a heart attack at work. He has been disabled since that time.

 Sciarotta filed a claim for worker's compensation in August 1979. In October 1981, the claim was settled for a lump sum of $40,000. Sciarotta applied for and received social security disability benefits. The Social Security Administration, however, reduced his social security award because of his receipt of worker's compensation. This decision was made final on March 27, 1985 when the Appeals Council of the Social Security Administration denied plaintiff's request for review.

 Sciarotta appeals to this court pursuant to 42 U.S.C. 405(g), contending that the Social Security Administration should not have reduced his social security benefits because to do so amounts to a "double offset." Alternatively, he disputes the method the Social Security Administration used to compute the reduction.

 DISCUSSION

 A understanding of the issue in this case begins with 42 U.S.C. 424a which provides, in relevant part:

 
(a) Conditions for reduction; computation
 
If for any month prior to the month in which an individual attains the age of 65 --
 
(1) such individual is entitled to benefits under section 423 of this title, and
 
(2) such individual is entitled for such month to periodic benefits on account of such individual's . . . disability . . . under --
 
(A) a workmen's compensation law or plan of . . . a State
 
the total of benefits under section 423 of this title for such month . . . shall be reduced (but not below zero) by ...

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