Opinion of the Court — Rudd v. Commissioner of Social Security

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Type: Opinion of the Court
Filed: June 14, 2002
Case: Rudd v. Commissioner of Social Security
Case status: Decided

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*174 ORDER Richard Rudd appeals a district court judgment which affirmed the Commissioner’s decision to apply a worker’s compensation offset in calculating his social security disability and supplemental security income benefits. The parties have waived oral argument, and the panel unanimously agrees that oral argument is not needed in this case. Fed. R.App. P. 34(a). The Commissioner determined that Rudd had been disabled since April 14, 1992, primarily due to acute viremia and degenerative disc disease. That decision is not directly at issue here. In 1996, Rudd was notified that his benefits had been overpaid. He challenged this calculation, and an Administrative Law Judge (“ALJ”) determined that his benefits were properly offset by $20,371, due to retroactive worker’s compensation benefits that he had received. This opinion became the final decision of the Commissioner on February 25, 2000, when the appeals council declined further review. Rudd filed a timely complaint in the federal court. The district court adopted a magistrate judge’s recommendation over his objections, and dismissed the case on April 4, 2001. It is from this judgment that he now appeals. Rudd’s current argum…

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