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RODLIN v. SECRETARY OF HEALTH AND HUMAN SERVICES

Civ. A. No. 88-5412 (SSB).

750 F.Supp. 146 (1990)

Richard RODLIN, Plaintiff, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant.

United States District Court, D. New Jersey.

August 23, 1990.

Attorney(s) appearing for the Case

Frank A. Cristaudo, West Deptford, N.J., for plaintiff.

Office of the U.S. Atty. by Susan Steele, Sp. Asst. U.S. Atty., Newark, N.J., for defendant.

OPINION

BROTMAN, District Judge.

Pursuant to 42 U.S.C. § 405(g), plaintiff seeks judicial review of a final determination by the Secretary of Health and Human Services ("Secretary") to offset plaintiff's disability insurance benefits due to his receipt of a lump sum worker's compensation award. Plaintiff contends that the Secretary's decision to prorate the lump sum award based on the periodic rate of benefits he previously received is irrational and...

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