Satyendranath DAS, Plaintiff-Appellant, v. DEPARTMENT OF HEALTH & HUMAN SERVICES, Defendant-Appellee

Satyendranath Das appeals the district court’s grant of a motion for summary judgment to the Secretary of Health and Human Services. 789 F.Supp. 324 (1992). The Secretary found that Das’s social security retirement benefits are subject to reduction pursuant to the Windfall Elimination Provision (WEP), 42 U.S.C. § 415 (a)(7). We have jurisdiction under 28 U.S.C. § 1291 . We affirm.

I.

Das was born in India on February 1, 1926. He was employed by the Federal Communications Commission as an electronics engineer for a total of eight years and nine months. These wages were not covered by the social security system. As a result of this employment, he became eligible for a federal civil service retirement pension. Das also worked in the private sector for a total of eighteen years. These wages were covered by the social security system.

In 1988, Das filed his application for social security retirement benefits. The Social Security Administration (SSA) notified him that he was eligible for social security retirement benefits, but that the benefits were subject to reduction pursuant to the WEP. Das requested de novo review by an administrative law judge (ALJ). The ALJ affirmed.…