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GIATTINA v. CHATER

Civil A. No. 94-1263-A.

916 F.Supp. 555 (1996)

Thomas E. GIATTINA, Plaintiff, v. Shirley S. CHATER, Commissioner of Social Security, Defendant.

United States District Court, E.D. Virginia, Alexandria Division.

February 28, 1996.

Attorney(s) appearing for the Case

Dallas K. Mathis, Mathis & Mathis, Falls Church, Virginia, for plaintiff.

Helen F. Fahey, United States Attorney, Richard Parker, Assistant United States Attorney, Alexandria, Virginia, Charlotte Hardnet, Chief Counsel, Region III, Nora P. Koch, Assistant Regional Counsel, Office of the General Counsel, Social Security Administration, Philadelphia, PA, for defendant.

MEMORANDUM OPINION

ELLIS, District Judge.

This Social Security appeal presents the question whether one who became entitled to Disability Insurance benefits ("DIB") for blindness in 1988 should have those benefits offset pursuant to 42 U.S.C. § 424a(a)(2)(b); 20 C.F.R. 404.408(a) because of that person's federal disability retirement annuity, where that person previously received DIB for blindness from 1966 to 1968.

I

Plaintiff...

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