Kast v. Astrue

2012 WL 394831 (2012)

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Kast v. Astrue

United States District Court for the Eastern District of New York
2012 WL 394831 (2012)

  • Written by Liz Nakamura, JD

Facts

Lisl (plaintiff) and Paul Kast were a married couple. Lisl was born in 1930, worked between 1951 and 2008, and earned approximately $1.1 million. Lisl took a few years off during her working years. Paul was born in 1928, worked consistently between 1952 and 2008, and earned approximately $1.6 million. Both Paul and Lisl applied for and received monthly Social Security payments after reaching full retirement age. As of 2006, Paul received $2,213 per month and Lisl received $1,792 per month. In 2007, Lisl wrote to the Social Security Administration (SSA) (defendant) challenging the fact that she was receiving a lower monthly payment than Paul despite their nearly identical work histories. The SSA informed Lisl that she was receiving the highest possible benefit to which she was entitled. Lisl requested a hearing before an administrative-law judge (ALJ), who affirmed the SSA’s calculated benefit. The ALJ found that Paul’s and Lisl’s monthly payments were different because (1) Lisl had gaps in her working history and Paul did not; (2) Paul earned more overall; and (3) Lisl and Paul became eligible for social security in different years. Lisl petitioned for judicial review in federal district court.

Rule of Law

Issue

Holding and Reasoning (Bianco, J.)

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