Gail Schneyer v. Carolyn W. Colvin

MEMORANDUM

Gail Schneyer appeals the district court’s judgment affirming the decision of the Commissioner of Social Security that the Government Pension Offset (“GPO”) provision of the Social Security Act, 42 U.S.C. § 402 (k)(5)(A), applied to Schneyer’s spousal benefits under 42 U.S.C. § 402 (b), and thereby reduced her monthly benefit payment to zero. We have jurisdiction under 28 U.S.C. § 1291 . We review the decision of the district court de novo, Edlund v. Massanari, 253 F.3d 1152, 1156 (9th Cir.2001), and the district court must affirm an administrative agency’s factual conclusions so long as they are supported by substantial evidence, but reviews decisions of law de novo, Robbins v. Soc. Sec. Admin., 466 F.3d 880, 882 (9th Cir.2006). We affirm.

The GPO provides that spousal benefits “shall be reduced (but not below zero) by an amount equal to two-thirds of the amount of any monthly periodic benefit payable to such individual for such month which is based upon such individual’s earnings while in the service of ... any State.” 42 U.S.C. § 402 (k)(5)(A). Schneyer receives a pension from the California State Teacher’s Retirement System (CalSTRS), which was originally based on…