Timothy Mays v. Secretary of Health and Human Services

28 F.3d 107 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Timothy MAYS, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee. No. 93-55576. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 8, 1994. Decided June 24, 1994. Before: FLETCHER, CANBY, and HALL, Circuit Judges. 1 MEMORANDUM * 2 Timothy Mays appeals the district court's decision affirming the final decision of the Secretary of Health and Human Services ("Secretary") that Mays's social security disability insurance benefits were subject to offset based on his simultaneous receipt of state workers' compensation benefits. 3 The district court had jurisdiction pursuant to 42 U.S.C. Sec. 405 (g). We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 and we affirm. I. 4 The Social Security Act provides for a reduction in disability insurance benefits of an individual who is also receiving state workers' compensation benefits. See 42 U.S.C. Sec. 424 (a).…