Chater

Williams v. Chater

Good Law
96 Daily Journal DAR 12651·98 F.3d 490·1996 WL 595009·1996 U.S. App. LEXIS 27100·96 Cal. Daily Op. Serv. 7687
United States Court of Appeals for the Ninth CircuitOctober 17, 1996No. 95-16472California613 words

Opinion

Lead Opinion

Truman Williams appeals from a district court judgment dismissing Ms constitutional challenge to 42 U.S.C. § 403 (b), the excess earnings provision of the Social Security Act. We have jurisdiction over tMs timely appeal pursuant to 28 U.S.C. § 1291 , and we affirm.

I

Williams’s battle with the Social Security Admmistration began more than five years ago when he challenged the calculation of his retirement- benefits. In 1991, an admmistra-tive law judge (ALJ) decided that Williams had already been reimbursed for an underpayment of $50.40 in retirement benefits. The ALJ also decided that even though Williams had been notified of a $139.60 overpayment, he had not received any overpayment. Williams also asserted a number of constitutional claims, but the ALJ refused to consider them on the merits. The Appeals Council affirmed the ALJ’s decision.

Williams then filed tMs action in federal district court, alleging that the Social Security Admmistration and various officers and employees had defrauded him and demed him equal protection and due process of law in the calculation of his retirement benefits. The district court construed the complaint in part as an appeal from the agency’s…

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