Avery

MEMORANDUM **

Brent W. Avery appeals the district court’s judgment affirming the Commissioner of Social Security’s decision that a state workers’ compensation offset reduces his social security disability insurance *762 (SSDI) benefits. Avery also appeals the district court’s remand for further administrative proceedings to clarify, and correct if necessary, the proper amount of Avery’s benefits. We have jurisdiction under 28 U.S.C. § 1291 and we affirm.

Even if Avery had been an employee of the State of California, his workers’ compensation disability benefits are still subject to offset. In California, the SSA has identified the state’s subsequent injury fund benefits and industrial disability leave payments as the only categories of workers’ compensation benefits for which the reverse offset provision applies. POMS § DI 52001.206(A) & (C). There is no reverse offset for California state employees receiving permanent partial disability payments and lump-sum awards. 3 Therefore, the Administrative Law Judge (ALJ) correctly determined that the workers’ compensation offset applies to Avery’s SSDI benefits.

Substantial evidence supports the ALJ’s determination that the entire…