Babcock v. Kijakazi

U.S. Supreme Court · decided January 13, 2022 · Supreme Court Database (Spaeth)

Decided
January 13, 2022
Term
October Term 2021
Vote
8–1
Majority author
Justice Barrett
Issue area
Judicial Power
Disposition
Affirmed
Outcome
Petitioning party lost
Ideological direction
Conservative

Opinion excerpt

(Slip Opinion) OCTOBER TERM, 2021 1 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321 , 337. SUPREME COURT OF THE UNITED STATES Syllabus BABCOCK v. KIJAKAZI, ACTING COMMISSIONER OF SOCIAL SECURITY CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT No. 20–480. Argued October 13, 2021—Decided January 13, 2022 This case concerns retirement benefits due under the Social Security Act for a retired “military technician (dual status),” 10 U. S. C. §10216 , a civilian position formerly held by David Babcock. Like all dual-status technicians, Babcock was required to maintain membership in the Na- tional Guard. For his full-time job as a technician, which included work as a test pilot and pilot instructor, Babcock received civil-service pay and Civil Service Retirement System pension payments from the Office of Personnel Management. For his separate National Guard service, which included part-time drills, training exercises, and one ac- tive-duty deployment, Babcock received military pay and military pen- sion payments from a different arm of the…

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