USCA1 Opinion

November 20, 1995

United States Court of Appeals
For the First Circuit
____________________

No. 95-1230

ANTHONY PARISI, II, A MINOR, BY HIS PARENT

AND NATURAL GUARDIAN, LORRALEE COONEY,

Plaintiff, Appellee,

v.

SHIRLEY S. CHATER, COMMISSIONER

OF SOCIAL SECURITY,

Defendant, Appellant.

____________________

ERRATA SHEET
ERRATA SHEET

The opinion

of this Court issued on November 8, 1995 is correc

as follows:

On page 6, line 8: Replace "Parisi, Jr.'s" with "Anthony's";

On page 7, line

1, page 7, line 2,

"Energy" with "Education".

______
_________

and page 14, line 18: Repl

United States Court of Appeals

For the First Circuit

____________________

No. 95-1230

ANTHONY PARISI, II, A MINOR, BY HIS PARENT

AND NATURAL GUARDIAN, LORRALEE COONEY,

Plaintiff, Appellee,

v.

SHIRLEY S. CHATER, COMMISSIONER

OF SOCIAL SECURITY,

Defendant, Appellant.
____________________

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

[Hon. Robert E. Keeton, U.S. District Judge]

___________________
____________________

Before

Stahl, Circuit Judge,

_____________
Campbell, Senior Circuit Judge,
____________________
and Lynch, Circuit Judge.
_____________

____________________

Steve Frank, Attorney,

___________

United States Department of Justice,

whom Frank W. Hunger, Assistant

________________
United States

Attorney, and

Attorney General,

Donald K. Ste
______________

William Kanter, Attorney,

______________

United Sta

Department of Justice were on brief, for appellant.

Sandra L. Smales,
_________________

with whom

Raymond Cebula
_______________

appellee.

____________________

November 8, 1995
____________________

was on

brief,

LYNCH, Circuit Judge.

LYNCH, Circuit Judge.
_____________

II

("Anthony")

Administration

was

nine

reduced

In 1991 when Anthony Parisi,

years old,

the

amount

dependent child's benefits on

Anthony

the

he

was

Social

Security

receiving

in

account of his disabled father

Parisi ("Parisi") from $464 a month to $262 a month.

The purported justification for

the reduction is a provision

in the Social Security Act ("SSA") that sets a maximum amount

that can be paid out

the

benefits paid

reduction

on a single wage earner's account.

on

is required to comply

exceeded

in this case,

(who is not Anthony's

live)

was

statute

that account

under

benefits on

one

her.

of those

when Parisi's wife

does not

subsection of

Parisi's account.

benefits from

The cap was

mother and with whom Anthony

part of the same section of the statute,

any portion

the maximum,

with the cap.

the agency says,

deemed "entitled"

to spousal

exceed

If

the

Another

however, prohibited

actually being paid

to

The question is whether those spousal "benefits," which

were never actually payable, were properly counted toward the

family

maximum

accordingly

cap.

affirm

We conclude

the

that

district court's

they were

reversal

not and

of

the

agency's determination.

I.

Factual Background
__________________

While married

to Adriana Parisi,

fisherman,

had a

child, Anthony

Parisi, II,

Cooney of Gloucester, Massachusetts.

-22

Anthony Parisi, a

with Lorralee

Anthony lives with Ms.

Cooney, who has sole custody of him and brings this action on

his behalf.

In February 1988, Parisi became disabled, and he and

Anthony, as his dependent,

account as a wage

for

and became

started receiving payments on his

earner.1

eligible

In 1991, Adriana

for

Parisi applied

early retirement

("old-age")

benefits under the SSA based on her own wage-earner's record.

By

also
____

operation of

the statute,

she was

automatically deemed

to have applied for and to qualify for spousal benefits

on Parisi's account.

See 42
___

U.S.C.

402(r)(1).

However,

because the benefits to which Adriana was entitled on her own

___

account exceeded the spousal benefits for which she qualified

on her husband's account, it was determined that she could be

paid benefits only on her own account.

The

agency also

spousal benefits

anyone

else

statutory

however,

that Adriana's

even though not actually payable to her or

still

had to

be

counted toward

the

SSA's

limit (the "family maximum") on benefits available

on a single

was

decided,

worker's record.

already

receiving,

Because the benefits

when

benefits

and

Adriana's

exceeded

the

statutory maximum

Anthony's

dependent

combined

(non-payable)

benefits.

with

Parisi's

spousal

amount, the

Lorralee

Anthony

own

benefits,

agency reduced

Cooney

was

so

____________________

1.

It

is

entitled to

undisputed that

Anthony

was

and still

receive dependent child's benefits

of Parisi's work record.

remains

on the basis

-33

notified.

On reconsideration at Cooney's request, the agency

reaffirmed its decision to reduce Anthony's benefits.

The

administrative

agency's

law

Adriana's non-payable

determination

judge

("ALJ"),

was

who

appealed

concluded

to

an

that

spousal benefits should not be counted

___

toward the

family maximum.

decision

to

reversed

the

the

Social

ALJ.

The agency

Security

The

appealed the

Appeals

Appeals

Council,

Council's

appealed to the district court.

See 42
___

agency

the

plain language

family

maximum

argued

calculation

that under

of

the

"entitlements," not just entitlements

payment.

the

The

SSA's "family

include

only

result

in

entitlements,"

benefits were

U.S.C

maximum"

"effective

some

and

405(g).

The

of

the SSA,

actual

was meant

(entitlements

Adriana

only conditional (upon her

___________

all
___

It concluded

payment),

because

was

includes

benefits

entitlements"

actual

that

cap on

which

decision

that result in

district court disagreed.

ALJ's

not

that

to

that

"conditional

Parisi's spousal

not being entitled

to a larger benefit

on her own wage-earner's

account), they

were not properly counted toward the family maximum.

II.

The

42 U.S.C.

Relevant Statutory Provisions

_____________________________

two statutory provisions primarily at issue are

403(a) and 42 U.S.C.

402(k)(3)(A).

The former

contains the "family maximum" provision and the latter is the

provision that prevents

Adriana Parisi

-44

from being

actually

paid

any

spousal benefits

on

the basis

of

Parisi's work

record (which she would otherwise have received under section

402(b)(1)).

Section

403(a) provides

in pertinent

part as

follows:

. . . [T]he total monthly benefits to

beneficiaries may be entitled under
402 or 423
basis

of

income

[an]

shall . . . be
not

to

section

of this title for a month on the

the

of

which

wages

and

self-employment

individual
reduced as

exceed [the

[wage-earner]

necessary so

maximum amount

as

set by

statute].

42 U.S.C.

403(a)(1).

And section 402(k)(3)(A) provides in

relevant part:

If an individual

is entitled to an

old-age

or

disability

month and
benefit

insurance

to

benefit

any other

for

such

monthly

month,

insurance benefit for such

reduction

. . .

this title,

under

for

any

insurance

such

other

month, after any

section

403(a)

of

shall be reduced, but not below

zero, by an amount equal to

such old-age or

disability insurance benefit . . . .

42 U.S.C.

402(k)(3)(A).

The parties

agree that, because

of Adriana Parisi's

old-age benefits on her

exceeds the amount of

_______

her

husband's

the monthly amount

own work record

spousal benefits she could be

record

section 402(k)(3)(A) has

under

section

the result of reducing

paid on

402(b)(1),

to zero the
____

payable amount of Adriana

Parisi's spousal benefits.

also agreed that Adriana's

own old-age benefits, as

It

is

well as

Parisi's benefits, are not subject to reduction under section

___

403(a).

Thus

the

only

payable

benefits

at

stake

are

-55

Anthony's.2

"total

The

monthly

entitled" for

the monthly

statutory issue

benefits

purposes of

to

is whether

which

the amount

beneficiaries

section 403(a) must

amount of Adriana's spousal

may

of

be

include what

benefits would have

been under section 402(b)(1) but for the operation of section

402(k)(3)(A)

spousal

of

the

benefits

calculation,

statute.

are

included

If

in

then Anthony's benefits

Adriana's

the

non-payable

family

maximum

were properly reduced.

If not, then the district court's judgment must be affirmed.

III.

Our analysis

If the meaning

be

Discussion
__________

begins with

the text

of the text is clear,

of the statute.

then that meaning must

given effect, unless it would produce an absurd result or

one manifestly

at odds

with the statute's

intended effect.

St. Luke's Hosp. v. Secretary of HHS, 810 F.2d 325, 331 (1st
_________________
________________

Cir. 1987).

If the

relevant text and

congressional intent

are ambiguous, then an

agency's reasonable interpretation is

entitled to deference.

See Chevron U.S.A., Inc. v. Natural

___ _____________________
_______

Resources Defense Council, Inc., 467

________________________________

deference, though,

inconsistent with

the

statute's

is due

(1984).

an agency interpretation

the language

intended

U.S. 837

of the statute,

effect,

arbitrary,

No

that is

contrary to

or

otherwise

____________________

2.
paid

The parties also agree that if

spousal

benefits

corresponding reduction

on

Adriana had actually been

Parisi's

in benefits for

account,

Anthony would

been warranted under the family maximum provision.

-66

then

a
have

unreasonable.

See Massachusetts Dep't of Energy

___ ______________________________

v. United
______

States Dep't of Education, 837 F.2d 536, 541 (1st Cir. 1988).
_________________________

A.

The Statutory Language

______________________

The

supported

agency

by

two aspects

"entitled"

in

reduction

. . .

402(k)(3)(A).

claims

that

of the

section 403(a),

under

and

section

its

position

is plainly

statutory text:

the

the term

phrase "after

403(a)"

We conclude that the statutory

in

any

section

text does not

support the intuitively troubling result urged by the agency.

The Commissioner of Social Security ("Commissioner")

emphasizes that the family maximum is formulated on the basis

of entitlement, and that section 403(a) never speaks in terms

___________

of

benefits actually

because subsection

received.

(b)(1)

of

Thus,

section

isolation, "entitles" Adriana Parisi

the

402,

goes,

considered

in

to spousal benefits

on

basis of her husband's SSA record, such benefits must be

included in

same

the argument

the family maximum calculation,

even though the

section of the statute just a few paragraphs later, see

___

402(k)(3)(A), operates to render those very benefits wholly

non-payable.
___________

The

Commissioner's

argument

is

strained,

and

certainly

not

language.

Section 403(a)(1)

the reduction

to

dictated

by

the

of the SSA limits

"as necessary" of the

which beneficiaries

may

statutory

text's

plain

and requires

"total monthly benefits

be entitled

under section 402

__________________

-77

. . . on the basis of the wages and self-employment income of

[the

wage-earner, here

(emphasis

added).

requires the

maximum

Mr.

The agency's

inclusion of

computation begs

"entitlement"

Parisi]."

created in

by another

properly be

all.3

403(a)

section 403(a)

the family

the question

whether

one

section 402

that is

yielding any actually

payable

part of

applicable

deemed an

claim that

all "entitlements" in

simultaneously prevented from

benefit

42 U.S.C.

portion of

a so-called

section 402

"entitle[ment] under section

We doubt that it can.

can

402" at

Indeed, even according to the

agency's own regulatory definition, a person is "entitled" to

a benefit only when that person "has proven his

to

benefits for

a period

of time."

Here, Adriana Parisi has "proven"

20

or her right

C.F.R.

404.303.

no right to benefits under

_____

section 402 (taken as a whole) for any period of time.

___________
___

We

need

not

decide,

Commissioner's understanding

somehow

taken

supportable,

on its

because

own terms, does

of

however,

whether

the term

"entitlement"

the agency's

argument,

not carry

the day.

the

is

even

For one

____________________

3.

It would seem an unconventional usage at best to say that

Adriana

Parisi is

entitled
________

clearly disallows in her

expectancy
408 U.S.

which the

statute

case, leaving her with not

even an

of receiving them.

to benefits

Cf. Board of Regents v. Roth,

___ ________________
____

564, 576-77 (1972) (an entitlement, contrasted to a

___________

mere expectancy, creates a property interest protected by the

Fourteenth Amendment); Goldberg v.
________
66

&

n.8

(1970)

triggers procedural

(deprivation

Kelly, 397 U.S. 254, 260_____

of

statutory

entitlement
___________

due process concerns); see also Bell v.

_________ ____

Burson, 402 U.S. 535, 539 (1971) (similar).

______

-88

thing, the

claim that section 403(a)

with "entitlements" is not,

actual

limit

language of

is concerned primarily

in fact, fully borne out

the statute.

not on entitlements per

___

Section

by the

403(a) places

se, but rather

__

on "the total

monthly benefits to which beneficiaries may be entitled under

________

_____

section 402 . . . ."

___________

natural reading

42 U.S.C.

of this

403(a) (emphases added).

language suggests that

the primary

object of limitation is the "total monthly benefits" produced

by the operation

Commissioner

fragment

of section 402 as a whole,

__________

and not, as the

argues, theoretical entitlements created by one

of section

402 considered in

artificial isolation

from the rest of that same section, and wholly apart from the

benefits that ultimately attach.

Here, the total benefits to

________

which Adriana Parisi might be deemed "entitled" under section

402

when that

section is

amount

to zero.
____

Hence,

section

402 could

considered

in its

Adriana's putative

not possibly

entirety

benefits under

contribute anything

to the

family maximum computation under section 403(a).

In addition to requiring an unnatural reading of the

statute,

the Commissioner's

argument is

logically unsound.

Under the Commissioner's "pure entitlement" approach, section

403(a)

is

said to

place

a ceiling

on

pure entitlements,

regardless whether

any payable benefits attach

the

of

total

amount

worker's record

entitlements available
____________

exceeds the

thereto.

on

statutory limit, so

-99

If

single

the theory

goes, a

the

is required, whether

excess entitlements produce payable benefits or not.

the other

when

reduction under section 403(a)

hand, the Commissioner

the total

maximum cap to be

amount of

simultaneously claims that

"entitlements" causes

exceeded, it is the payable

_______

are subject to reduction under the statute.

internally inconsistent.

to

On

the family

benefits that
________

This position is

If the thrust of section 403(a) is

place a limit on entitlements, it is contradictory to say

____________

that compliance with the

family maximum cap can be

achieved

through a reduction of

Commissioner's

payable benefits.
_______ ________

logic, an "entitlement"

Because

under the

is entirely separate

from the payable benefits (if any) that attach, it would seem

to

follow that a reduction

in benefits paid
____

could never be

effective to achieve compliance with the cap.

We conclude that

section

403(a)

entitlements,

is

the Commissioner's contention that

concerned

irrespective of

purely

with

whether any

theoretical

actually payable

benefits attach thereto, is supported neither by the language

of the statute nor by reason.

We

argument

reduction

also

to the

. . .

are

unpersuaded

extent it

under

by

the

Commissioner's

rests on

the phrase

section

403(a)"

"after any

in

section

402(k)(3)(A).

The

Commissioner contends

specifically

instructs

section 403(a)

for

that

compliance

the

with

that this

reduction

the

family

phrase

under

maximum

-1010

provision

be computed

section 402(k)(3)(A),

before any
______

and that,

reduction is

taken under

therefore, for

purposes of

section

403(a), Adriana

Parisi's

spousal benefits

must be

treated (contrary to fact) as if they were fully payable.

The Commissioner

"after any

reads

reduction . . .

old-age benefits on

Adriana

the

phrase

Section

an individual who is entitled

her own

is in this case)

much into

under section 403(a)."

402(k)(3)(A) is triggered when

to

too

social security

is also facially
____

record (as

entitled to some

other simultaneous benefit (in this case, spousal benefits on

Parisi's

the

account).

effect

payment of

not

of authorizing

such

the larger of the two

both.4

the size

In substance, section

Thus, section

an

402(k)(3)(A) has

individual to

simultaneous benefits, but

402(k)(3)(A) requires

of the beneficiary's

receive

"other" benefit with

comparing

her own

old-age

benefit.

The

403(a)"

language in

"after any

section

reduction under

402(k)(3)(A) ensures

section

that, in

determining the amount of the "other" simultaneous benefit in

question,

the

reduction

to the

required

calculation

"other"

under section

will

take

benefit that

403(a).

into

account

would otherwise

This prevents

any

be

the old-age

____________________

4.

More precisely, the provision entitles the beneficiary to

payment of
the

"other"

her old-age
benefit

benefit plus the

____
and

the

difference is greater than zero.

that

the beneficiary is entitled

old-age

difference between
benefit,

This is the same

to an amount

that

as saying

equal to the

larger of the two simultaneous benefits in question.

-1111

if

beneficiary from receiving, by operation

benefits

provision,

any

amount

of

of the simultaneous

benefits

that

would

otherwise be excluded as exceeding the cap imposed by section

403(a).5

There

402(k)(3)(A) or

the family

fact that

is

nothing

in

the

language

section 403(a), however, that

maximum computation cannot take

an entitlement

of

section

dictates that

into account the

that would normally

contribute to

the

family maximum

operation of

402(k)(3)(A).

amount

been

reduced

the simultaneous benefits

to

zero

by

provision of section

It is true that the computation required under

section

402(k)(3)(A)

whether

the

requires

a provisional

"other" simultaneous

spousal benefits) would, if

under section 403(a).

for the

has

purpose

benefit

determination

(here, Adriana's

payable, be subject to reduction

But this computation is only necessary

of

determining what

portion

of

the

two

simultaneous

benefits the beneficiary

(Adriana) is entitled

to receive.

There is

section 402(k)(3)(A),

and

certainly

not in

no language in

section

403(a),

requiring that

the

beneficiary

is

____________________

5.

Suppose,

for

example,

that

simultaneously entitled to receive her own old-age benefit of

amount

B and a

spousal benefit of

amount S.

Suppose also

that if the spousal benefit were payable, the family

cap would be exceeded,
reduced by the
S(r).

The

and the spousal benefit (S)

amount of the statutory

"after

any

402(k)(3)(A)

ensures that

amount equal

to the larger

reduction"

would be

reduction, to amount
language

the beneficiary
of B and

maximum

in

section

will receive

the reduced S(r),

an
not
___

simply the larger of B and S.

-1212

family maximum

computation ignore the actual

results of the

______

simultaneous benefits determination of section 402(k)(3)(A).

To the contrary, the statutory language

interplay

that

between

belies

the

Section 403(a)

so as not to

section 403(a)

position

and

advanced

suggests an

section 402(k)(3)(A)

by

the

requires only such "reduc[tion]

exceed" the family maximum.

Commissioner.

as necessary
____________

The determination

of whether a reduction is necessary in this case depends upon

the

calculation of

Adriana Parisi "may

the

"total monthly

be entitled

basis of her husband's SSA record.

is

zero.
____

Hence,

the relevant

benefits" to

under section

402" on

which

the

As explained, that amount

"total

monthly

benefits"

available under section 402 on Parisi's work record (combined

with

Parisi's

ceiling.

own benefits)

do

not

exceed the

statutory

It cannot be "necessary," then, to reduce Anthony's

benefits.

We

not follow

conclude that

from the

the Commissioner's

plain language of

position does

section 402(k)(3)(A)

and section 403(a).

B.

Legislative History
___________________

As the district court

urged

by the

observed, the

Commissioner produces

apparently

sought

legislative

comments

to

avoid.

are

found

-13-

a result

The

in

most

interpretation

that Congress

illuminating

connection

with

the

13

enactment of the

1949 amendments to

the SSA, which

the previously existing family maximum provision:

Under the

present

family benefits
the
prior

maximum
to any

occurrence of

law,

for a

the total

the

month is reduced

permitted by
deductions on
any

of

section [403(a)]
account of the

event specified

in

the

law . . . .

Section [403(a)] as amended

the

reverses

bill

provides that

the

this

to

procedure

reduction in

the

by
and

total

changed

benefits for

a month

the deductions.

is to

be made

after

As a result, larger family

benefits will be payable in many cases.

S. Rep. No. 1669,

1950

Senate

that

81st Cong., 2d Sess. (1950),

U.S.C.C.A.N. 3287,

3361.

After

reprinted in
____________

this statement,

the

Report set forth a hypothetical scenario illustrating

under

the amendments

maximum provision

to

section

403(a), the

would not operate to reduce

benefits on account of

family

a child's SSA

a family member's nominal entitlement

to benefits that are not actually payable.

See id.
_______

Congress expressed an intent that section 403(a) not

operate to deprive a

basis

of

benefits.

dependent child of SSA benefits

theoretical entitlements

The

agency's

reading

that

of

produce no

the

on the

actual

statute

is

inconsistent with that intent.

C.

Regulatory Language
___________________

Our

conclusion

interpretation of

the

the statute is inconsistent

text and intended effect

any requirement of

that

Commissioner's

with both its

suffices, under Chevron, to obviate

_______

deference to the agency's

-1414

position.

See
___

Massachusetts Dep't of Energy, 837

_______________________________

however, as

capstone to

Security Administration's

our

F.2d at

541.

analysis, that

own regulations are

its

proposed construction

that

describes generally

of the

statute.

the effect

the

at odds

of the

there

is

insured

the

maximum

person's

limits the
record.

amount

404.403,

set

earnings

If you are entitled

may

dependent or
be

benefits payable
_________________

reduced

for each

record

to

within these limits.

that
that

to benefits as
survivor, your
to

keep

the insured's

with

family maximum

total benefits payable on

_______________________

insured's

benefits

As explained in

Social

The regulation

provision explains its operation in this way:

Family Maximum.
______________

We add,

total
_____
family

20 C.F.R.

more

404.304(d) (emphasis added).

specifically

describes

The regulation that

the operation

of

the

family

maximum provision contains similar language:

The Social
of

Security Act

limits the

amount

monthly benefits that can be paid for

____________________________

any

month

based

on

the

earnings

of

an

insured individual.

20 C.F.R.

404.403(a)(1) (emphasis added).

The agency's

own

interpret the family maximum

the

"amount

of

thus

can

be

paid"
____

on a

single

They do not state that section 403(a) caps

the total amount of

account.

regulations

provision as operating to limit

benefits that

worker's account.

an

interpretative

That

entitlements that might be available

____________

the

agency

has

chosen

in

its

on

own

regulations

ceiling on

to

describe the

benefits paid or
____

family

maximum

as placing

payable casts further

_______

doubt on

-1515

its

contention here

capping

pure

that section

entitlements,

payable benefits that attach.

403(a) is

regardless
__________

of

concerned with

the

amount

of

To

agency's

similar

written

communicated to

the Social

that

her

effect is

rulings

language

on

Lorralee Cooney.

Security Administration

son's

benefits

were to

contained

Anthony's

in

the

benefits

as

In the first

to Cooney

be

letter from

notifying her

reduced,

the agency

explained that the reduction was required because the statute

imposes

Social

letter

a "limit

on how

much we can

Security record [emphasis

reaffirming

reconsideration, the

maximum provision

its

pay on
___

added]."

initial

each person's

And

decision

agency informed Cooney that

"limits the

later, in a

total amount of

after

the family

the benefits

payable on an individual's earnings record."

_______

The regulations

and agency statements quoted

above

support

the

"family

maximum"

limit

only

conclusion

those

we

adopt here,

provision of

benefits that

section

are

namely,

that

403(a) operates

payable
_______

the

to

on a

single

purported

policy

worker's account.

D.

Policy Considerations
_____________________

We

observe,

finally,

that

the

reasons offered in support of the Commissioner's construction

of the statute lack persuasive force.

-1616

The agency says its

receiving duplicative

the

Commissioner

or excessive benefits.

asserts,

manner suggested would

amount

Anthony,

of benefits

position prevents families from

applying section 403(a)

have the effect

payable

and Adriana)

In this case,

to the

roughly

of making the

"family unit"

the same

in

as

it was

the

total

(Parisi,

before

Adriana became entitled to receive her own old-age benefits.

The problem with

this rationale is twofold.

First,

the family maximum provision (despite its common appellation)

is written not as
___

family

amount that a

unit can receive in total SSA benefits, but rather as

a specific

on the

a broad limitation upon the

limitation upon the amount

basis of

a single

404.403(a)(1)

maximum "for

total benefits

(explaining

each person's

payable

worker's record.

that

section

See 20
___

403(a)

earnings record that

C.F.R.

places a

limits the

on that record" (emphasis

_______________

Adriana "earned" her old age

in the work force,

of benefits available

added)).

benefits through her own

not because she

was the wife of

years

Parisi.

The question under section 403(a) is not whether the family's

______

benefits

have

exceeded a

benefits

payable

on

certain

a single

level,

but whether

wage-earner's

account

the

have

exceeded the statutory maximum.

Second, the agency's suggestion

of benefits

"family

that the

to Anthony prevents duplicative

unit" rings hollow.

reduction

payments to the

Anthony lives with his natural

-1717

mother, not with

Adriana and

Parisi.

The

agency does

not

suggest that

any portion

reaches the child.

unit

continues

benefits as

of Adriana's or

The agency's statement

to receive

it did before"

approximately

Parisi's benefits

that "the family

the same

thus distorts reality.

overall

In fact,

under the agency's interpretation, Anthony receives only half

the benefits he was receiving before; and because neither the

father's

nor Adriana

reduction under

Parisi's own

benefits are

subject to

the family maximum provision, it is only the

____

child who has been adversely affected

by the agency's action

in this case.

The other purported

defense of

policy justification offered in

the Commissioner's position is

the child's benefits in

that reduction of

this case is required to

uphold the

meaning

of

"entitlement."

The Commissioner

because section 403(a) places

because

under

Adriana Parisi

one

benefits

payable

subsection

are not

is

of

payable),

contends that

a limit on "entitlements," and

"entitled" to

the statute

failure to

spousal

(even

benefits

though

include those

those

non-

benefits in the family maximum tally will dilute the

meaning of "entitlement" under the SSA.

We find

this

this reasoning

argument is the same

meaning argument:

is concerned

with

unpersuasive.

as the flaw

The flaw in

underlying its plain

it incorrectly assumes that section 403(a)

keeping

pure

-1818

"entitlements"

under

the

statutory limit.

section 403(a)

amount of

To the

operates

contrary, as

in this

benefits payable on a
________ _______

case

we concluded

to limit

above,

the

total

single wage-earner's record

under the relevant benefits provisions (read as a whole), not

to

limit

entitlements

theoretically

available

under

one

subsection of the statute considered in artificial isolation.

In

any

event,

although

this

conclusion

negates

the

Commissioner's

spousal

claim

benefits

calculation,

it

that

Adriana

must be

included

does

not

Parisi's

in

non-payable

the family

directly

undermine

Commissioner's purported definition of "entitlement,"

it

necessarily inconsistent

Parisi

has,

in some

spousal benefits

from the rest

with saying

abstract

under section

of section 402.

sense,

here

the

nor is

that Adriana

an "entitlement"

402(b)(1) read

We hold only

non-payable spousal benefits do

maximum

to

in isolation

that Adriana's

not count toward the section

403(a) "family maximum."

E.

Conclusion
__________

We

construction

conclude

of

that

section

the

403(a)

Commissioner's

is not

supported

proposed

by

the

language of the statute, is logically flawed, is inconsistent

with

the

statute's

intended

effect, is

contrary

to

the

agency's own interpretative regulations, and is not supported

by

any sound considerations

of policy.

Accordingly, we do

not defer to the Commissioner's position under the principles

-1919

of Chevron, and we hold that section 403(a) operates to limit

_______

the total

amount of

benefits actually payable

_______

on a

single

worker's record, not the amount of entitlements theoretically

available.6

In this case, because Adriana Parisi's "entitlement"

under section 402(b)(1) to

record

produces zero
____

operation

included

of

Consequently,

basis of

imposed

as a

402(k)(3)(A),

no such

computation required

the total

Parisi's work

by

payable benefits
_______

section

in the

the

spousal benefits on Parisi's work

amount of

and it

is

of the

benefits

are

under section 403(a).

benefits payable

record does not

statute,

result

exceed the

not

on the

maximum

"necessary"

for

purposes of section 403(a) to reduce Anthony's benefits.

The

district court correctly reversed

the decision of the Social

Security Appeals Council.

Affirmed.
________

____________________

6.

Our reasoning differs from

court.

The district

"effective"

and

that employed by the district

court's analysis distinguished between

"conditional"

entitlements.

This

distinction, although sensible, has no roots in the statutory

language.

We

rely, instead,

403(a) places
created

by

a limit
an

payable benefits
by

not

the notion

upon non-payable

isolated subsection
in this case, the

section 402 of the SSA

of

the

that

section

"entitlements"
SSA,

but upon

total benefits yielded

read as a whole.

semantically supported by the

agency's own

on

This notion is

statutory framework and by the

regulations, which speak

of payable benefits (e.g., 20 C.F.R.

specifically in terms
404.304(d)).

_______ ________

____

-2020