Ward V. Comm'r of Soc. Sec.


Remand for legal error not required where there is independent legal ground for the decision (application of correct legal standard would lead to the same result). Where claimant received both Social Security retirement benefits and civil service pension, Windfall Elimination Provision 42 U.S.C. ยง415(a)(7), formula applied to reduce Social Security benefits. Applies to those eligible for periodic pension payments after 1985. Eligible means satisfies all the prerequisites for payment of pension.