Frances Michener v. Kilolo Kijakazi

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

FRANCES MICHENER, No. 20-16834 Plaintiff-Appellant, D.C. No. v. 5:19-cv-04377-

SVK

KILOLO KIJAKAZI, Acting Commissioner of Social Security;

SOCIAL SECURITY ADMINISTRATION, OPINION

Defendants-Appellees.

Appeal from the United States District Court for the Northern District of California Susan G. Van Keulen, Magistrate Judge, Presiding

Argued and Submitted October 19, 2021 San Francisco, California

Filed December 30, 2021

Before: Paul J. Watford and Andrew D. Hurwitz, Circuit Judges, and M. Miller Baker, * Judge.

Opinion by Judge Hurwitz

* The Honorable M. Miller Baker, Judge for the United States Court of International Trade, sitting by designation. SUMMARY **

Social Security

The panel affirmed the district court’s summary judgment in favor of the Social Security Administration in a putative class action alleging that reducing the Social Security benefits of class members based on the receipt of a foreign social security pension violated the Windfall Elimination Program, its implementing…