Paul Miskey v. Kilolo Kijakazi

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

PAUL MISKEY, No. 20-16597 Plaintiff-Appellant, D.C. No. v. 2:19-cv-00027-

JCM-VCF

KILOLO KIJAKAZI, Acting Commissioner of Social Security, Defendant-Appellee. OPINION

Appeal from the United States District Court for the District of Nevada James C. Mahan, District Judge, Presiding

Argued and Submitted November 15, 2021 San Francisco, California

Filed May 3, 2022

Before: Richard A. Paez and Michelle T. Friedland, Circuit Judges, and Edward R. Korman, * District Judge.

Opinion by Judge Friedland

* The Honorable Edward R. Korman, United States District Judge for the Eastern District of New York, sitting by designation. SUMMARY **

Social Security

The panel affirmed in part and reversed in part the district court’s decision remanding plaintiff’s case to the Social Security Administration for further proceedings on plaintiff’s claim that he was entitled to receive Social Security spousal benefits not reduced by the Government Pension Offset.

Under Social Security Administration (“SSA”) regulations, if…