Babcock v. Kijakazi No. 20-480 US Supreme Court
Jan 13, 2022OUTCOME: lost 8-1
The case involves a simple statutory interpretation question. Under a provision of the Social Security Act known as the Windfall Elimination Provision (WEP), the government offsets an applicant’s Soci ... al Security benefits to account for other retirement payments that an applicant receives for employment during which he did not pay into Social Security. But WEP contains an exception if the person is receiving “a payment based wholly on service as a member of a uniformed service.” The question in the case is whether service as a dual-status technician falls within that exception, and we will argue that the text requires the answer to be yes.
