unempl.ins.rep. Cch 15,608 John E. Beesmer v. Margaret Heckler, Secretary of Health and Human Services

U.S. Court of Appeals for the Second Circuit September 11, 1984

unempl.ins.rep. Cch 15,608 John E. Beesmer v. Margaret Heckler, Secretary of Health and Human Services, 744 F.2d 10 (2d Cir. 1984)

Opinion

744 F.2d 10

Unempl.Ins.Rep. CCH 15,608
John E. BEESMER, Plaintiff-Appellant,
v.
Margaret HECKLER, Secretary of Health and Human Services,
Defendant-Appellee.

No. 29, Docket 84-6097.

United States Court of Appeals,
Second Circuit.

Argued Sept. 6, 1984.
Decided Sept. 11, 1984.

John S. Hogg, Hamilton, N.Y., for plaintiff-appellant.

Edward R. Broton, Asst. U.S. Atty., N.D.N.Y., Syracuse, N.Y., (Frederick J. Scullin, Jr., U.S. Atty., Syracuse, N.Y., of counsel), for defendant-appellee.

Before FEINBERG, Chief Judge, and LUMBARD and NEWMAN, Circuit Judges.

PER CURIAM:

This case presents just one issue: whether benefits paid plaintiff-appellant John E. Beesmer under New York State's Volunteer Firemen's Benefit Law are benefits "under a workmen's compensation law or plan of ... a State" within the meaning of the applicable offset provision of the Social Security Act in effect in 1975 when Beesmer became disabled, Pub.L. No. 89-97, Sec. 335, 79 Stat. 286, 406 (1965) (amended 1981). The district court answered this question in the affirmative. The judgment of the district court is affirmed substantially for the reasons stated in the Report-Recommendation of Magistrate Ralph W. Smith, Jr., dated December 12, 1984, and the Order of Judge Neal P. McCurn, dated February 9, 1984.

Reference

Status: Published