Zelmer

Zelmer v. Barnhart

Good Law
46 F. App'x 490
United States Court of Appeals for the Ninth CircuitSeptember 17, 2002No. 01-16974; D.C. No. CV-00-20554-RMWCalifornia305 words

Opinion

Lead Opinion

MEMORANDUM ***

Karen S. Zelmer appeals pro se the district court’s summary judgment for the Commissioner of the Social Security Administration (“Commissioner”) affirming the decision to deny her application for widow’s disability benefits pursuant to Ti- *491 tie II of the Social Security Act, 42 U.S.C. § 402 . We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo the district court’s order and will uphold the Commissioner’s decision if it is supported by substantial evidence and free of legal error. Pagter v. Massanari, 250 F.3d 1255, 1258 (9th Cir.2001). We affirm.

Zelmer contends the Administrative Law Judge (“ALJ”) erred by reducing her widow’s insurance benefits in light of her retirement benefits from the United States Postal Service (“USPS”), because the USPS is not part of the federal government. See 42 U.S.C. § 402 (e)(7)(A). Contrary to Zelmer’s contention, the USPS is a part of the federal government. See Silver v. USPS, 951 F.2d 1033, 1035-36 (9th Cir.1991) (per curiam) (stating that the USPS is a part of the executive branch and that USPS employees are part of the civil service). Accordingly, the Commissioner properly offset Zelmer’s widow’s…

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