United States Federal Circuit

In a a dispute over the amount of compensation petitioner is entitled to receive under the National Childhood Vaccine Injury Act of 1986, 42 U.S.C. sections 300aa-1 to 300aa-34, the final decision of the United States Court of Federal Claims, which affirmed the special master’s decision that petitioner's compensation should not be reduced by the amount of benefits she is eligible to receive through Social Security Disability Insurance (SSDI), is affirmed over the government's challenges where: 1) SSDI benefits should not be taken into account in calculating petitioner's "actual or anticipated loss of earnings" under 42 U.S.C. section 300aa-15(a)(3)(A); and 2) SSDI does not fall within any of the categories of authorized offsets under section 300aa-15(g).

Appellate Information

• Decided 06/13/2012
• Published 06/13/2012

Judges

• O'MALLEY

Court

• United States Federal Circuit

Counsel