Pierce v. Commissioner of Social Security, No. 07-3154; U.S. District Court (DNJ); opinion by Simandle, U.S.D.J.; filed August 20, 2009; approved for publication September 8, 2009. DDS 01-7-5159 [17 pp.]
Plaintiff Lois B. Pierce filed this action seeking judicial review of the final decision of the commissioner of the Social Security Administration holding that she was not entitled to spousal insurance benefits under Title II of the Social Security Act, 42 U.S.C. § 401 et seq., because, under 20 C.F.R. § 404.408a(a), she receives a disability retirement pension under the Civil Service Retirement System that offsets the amount of the monthly Social Security benefit she could receive, and she does not qualify for an exception to the offset provision. She argues that the commissioner erred in finding that she did not qualify for an exception to the offset provision.
