Elbena T. BATISTA, Plaintiff-Appellant, v. Louis W. SULLIVAN, Secretary of Health and Human Services, Defendant-Appellee

Elbena Batista appeals from the district court’s grant of summary judgment in favor of the Secretary. The district court’s decision affirmed the Secretary’s denial of Mrs. Batista’s request for an exemption from the government pension offset provision of the Social Security Act. We have jurisdiction under 28 U.S.C. § 1291 and affirm.

FACTS

Elbena Batista was born January 3,1923, and turned 60 years old in 1983. She married George F. Batista on June 3,1944, and they remained married until his death on August 15, 1968.

On February 1, 1983, Mrs. Batista became eligible for pension benefits under the Illinois Employee’s Retirement System. Her last day of employment with the Illinois State Toll Highway Authority was June 30, 1983, and she began receiving her state pension in July 1983. On April 19, 1983, she filed for Widow’s Insurance Benefits. She received these benefits for two months, but was then advised that she had been overpaid $782.00 because her benefits should have been reduced by the amount of her pension from the State of Illinois Toll Highway Authority.

Mrs. Batista then applied for an exemption from the pension offset pursuant to 42 U.S.C. § 402 (e)(7) and section…