Cathy McNamar v. Kenneth S. Apfel, Comm'r of Soc. Sec. Admin., 172 F.3d 764 (10th Cir. 1999). · Go Syfert
Cathy McNamar v. Kenneth S. Apfel, Comm'r of Soc. Sec. Admin., 172 F.3d 764 (10th Cir. 1999). Cases Citing This Book View Copy Cite
90 citation events (90 in the last 25 years) across 11 distinct courts.
Strongest positive: Victoria A. E. v. Frank Bisignano, Commissioner of Social Security Administration (nmd, 2026-03-27)
Treatment trajectory · 2001 → 2026 · click a year to view as-of
2001 2013 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (rule) Victoria A. E. v. Frank Bisignano, Commissioner of Social Security Administration
D.N.M. · 2026 · confidence medium
Therefore, ALJ Lindsay’s “limitation” does not accommodate Plaintiff’s moderate impairment in her ability to concentrate, persist, and 5 "The POMS is 'a set of policies issued by the Administration to be used in processing claims.'" Warren, 170 F. Supp. 3d at 1364 n.7 (quoting McNamar v. Apfel, 172 F. 3d 764, 766 (10th Cir. 1999)).
discussed Cited as authority (rule) John Edward Bowker v. Frank Bisignano, Commissioner of the Social Security Administration
D.N.M. · 2026 · confidence medium
(Id.) 9 While the POMS provisions do not have the force of law and are not binding on the SSA, see Berger v. Apfel, 200 F.3d 1157, 1161 (8th Cir. 2000), the Tenth Circuit has explained that they are nevertheless entitled to deference unless they are “arbitrary, capricious, or contrary to law.” McNamar v. Apfel, 172 F.3d 764, 766 (10th Cir. 1999). 10 The PRT requires a rating of the degree of any functional limitations a claimant may possess in the four “Paragraph B” criteria of: (1) understanding, remembering, or applying information; (2) interacting with others; (3) concentrating, per…
discussed Cited as authority (rule) Samantha Marie Carroll v. Frank Bisignano, Commissioner of the Social Security Administration
D.N.M. · 2026 · confidence medium
An ALJ must “provide specific, legitimate reasons if he decide[s] to discount or dismiss an opinion from an acceptable medical 11 The POMS is “a set of policies issued by the [SSA] to be used in processing claims.” McNamar v. Apfel, 172 F.3d 764, 766 (10th Cir. 1999).
cited Cited as authority (rule) Sedillos v. Social Security Administration
D.N.M. · 2025 · confidence medium
Id. 4 The POMS is “a set of policies issued by the [SSA] to be used in processing claims.” McNamar v. Apfel, 172 F.3d 764, 766 (10th Cir. 1999).
cited Cited as authority (rule) Sedillos v. Social Security Administration
D.N.M. · 2025 · confidence medium
Id. 4 The POMS is “a set of policies issued by the [SSA] to be used in processing claims.” McNamar v. Apfel, 172 F.3d 764, 766 (10th Cir. 1999).
cited Cited as authority (rule) Sedillos v. Social Security Administration
D.N.M. · 2025 · confidence medium
Id. 4 The POMS is “a set of policies issued by the [SSA] to be used in processing claims.” McNamar v. Apfel, 172 F.3d 764, 766 (10th Cir. 1999).
discussed Cited as authority (rule) Sotelo v. Social Security Administration
D.N.M. · 2025 · confidence medium
The Program Operations Manual System (“POMS”) “is a set of policies issued by the SSA ‘to be used in processing claims.’” Ramey v. Reinertson, 268 F.3d 955, 964 (10th Cir. 2001)(quoting McNamar v. Apfel, 172 F.3d 764, 766 (10th Cir. 1999)).
discussed Cited as authority (rule) Fager v. Commissioner, SSA
10th Cir. · 2025 · confidence medium
The POMS provision Ms. Fager cites offers a definition of “pain specialist”: “A pain specialist may be an orthopedist, a neurologist, a neurosurgeon, a physiatrist, a psychiatrist, etc., but is different from others in these fields because of” either 4 The POMS is “a set of policies issued by the [SSA] to be used in processing claims.” McNamar v. Apfel, 172 F.3d 764, 766 (10th Cir. 1999). 18 Appellate Case: 24-1133 Document: 52-1 Date Filed: 02/21/2025 Page: 19 “[s]pecial training in pain,” “[s]pecial experience in clinical management of pain,” or “[r]ecognition within th…
discussed Cited as authority (rule) Thomas v. Commissioner, Social Security Administration
D. Colo. · 2025 · confidence medium
The POMS therefore demonstrate that there is a connection between concentration and persistence and the 8 “The POMS is ‘a set of policies issued by the [Social Security] Administration to be used in processing claims.’” Jaramillo, 576 F. App’x at 875 n.3 (quoting McNamar v. Apfel, 172 F.3d 764, 766 (10th Cir. 1999)). ability to understand, remember, and carry out detailed instructions.
discussed Cited as authority (rule) Brewis v. O'Malley
D. Utah · 2024 · confidence medium
In a Mental Residual Functional Capacity Assessment (MRFCA) form, Dr. Berkowitz and Dr. Huebner found that, while Plaintiff had no limitations or was not significantly limited in most areas, she was moderately limited in several areas, including the ability to complete a normal workday and workweek without interruptions from psychologically based symptoms and to perform at a consistent pace without an unreasonable number and length of rest periods (Tr. 101– 1 The POMS is “a set of policies [by SSA] to be used in processing claims.” McNamar v. Apfel, 172 F.3d 764,766 (10th Cir. 1999). 04,…
discussed Cited as authority (rule) Ortiz v. Social Security Administration
D.N.M. · 2024 · confidence medium
Because the ALJ’s failure to consider Ms. Ortiz’s limited ability to complete a normal workday and workweek is sufficient grounds for remand, I do not consider this argument. 7 The POMS is “a set of policies issued by the Administration to be used in processing claims.” McNamar v. Apfel, 172 F.3d 764, 766 (10th Cir. 1999).
discussed Cited as authority (rule) Grant v. Social Security Administration
D.N.M. · 2022 · confidence medium
Because Dr. Gallavan’s Section III explanations did not encapsulate her Section I findings, the Program Operations Manual System (“POMS”),12 regulations, and case law require 12 The POMS is “a set of policies issued by the Administration to be used in processing claims.” McNamar v. Apfel, 172 F.3d 764, 766 (10th Cir. 1999). the ALJ to address all of Dr. Gallavan’s findings, not just those in Section III.
discussed Cited as authority (rule) Grant v. Social Security Administration
D.N.M. · 2022 · confidence medium
Because Dr. Gallavan’s Section III explanations did not encapsulate her Section I findings, the Program Operations Manual System (“POMS”),12 regulations, and case law require 12 The POMS is “a set of policies issued by the Administration to be used in processing claims.” McNamar v. Apfel, 172 F.3d 764, 766 (10th Cir. 1999). the ALJ to address all of Dr. Gallavan’s findings, not just those in Section III.
discussed Cited as authority (rule) Dominguez v. Social Security Administration
D.N.M. · 2022 · confidence medium
Reviewing courts afford deference to SSA’s “interpretations stated in the POMS unless they are ‘arbitrary, capricious, or contrary to law.’” Lee v. Colvin, 631 F. App’x 538 , 541 n.1 (10th Cir. 2015) (quoting McNamar v. Apfel, 172 F.3d 764, 766 (10th Cir. 1999)).
discussed Cited as authority (rule) Powell v. Social Security Administration
D.N.M. · 2022 · confidence medium
If the ALJ enters a wholly favorable oral decision into the hearing record, he “may issue a written decision that incorporates the oral decision by reference.” 20 C.F.R. § 404.953 (b). 10 Reviewing courts afford deference to SSA’s “interpretations stated in the POMS unless they are ‘arbitrary, capricious, or contrary to law.’” Lee v. Colvin, 631 F. App’x 538 , 541 n.1 (10th Cir. 2015) (quoting McNamar v. Apfel, 172 F.3d 764, 766 (10th Cir. 1999)). 2.
discussed Cited as authority (rule) Gott v. Commissioner, Social Security Administration
D. Colo. · 2022 · confidence medium
Mar. 31, 2015) (an RFC that limited the claimant to simple, routine, and repetitive tasks failed to “include any limitations in concentration and attention”); Cordova v. Berryhill, No. 17-cv-0611 SMV, 2018 WL 2138647 , at *8 (D.N.M. 11 “The POMS is ‘a set of policies issued by the Administration to be used in processing claims.’” Warren, 170 F. Supp. 3d at 1364 n.7 (quoting McNamar v. Apfel, 172 F. 3d 764, 766 (10th Cir. 1999)).
discussed Cited as authority (rule) Soderberg v. Social Security Administration
D.N.M. · 2022 · confidence medium
Even if Plaintiff’s definitions of moderate and marked limitations were correct, though, the RFC accounts for Plaintiff’s marked limitation in interacting appropriately with the public by limiting 2 The POMS is “a set of policies issued by [Defendant] to be used in processing claims.” McNamar v. Apfel, 172 F.3d 764, 766 (10th Cir. 1999).
cited Cited as authority (rule) Bruner v. Commissioner of Social Security Administration
W.D. Okla. · 2021 · confidence medium
If this allows send back to me.” (TR. 252). 5 The POMS is “a set of policies issued by the Administration to be used in processing claims.” 172 F.3d 764, 766 (10th Cir. 1999).
discussed Cited as authority (rule) Grantham v. Social Security Administration
D.N.M. · 2021 · confidence medium
The Court notes that the regulation says “qualified” medical source, rather than “acceptable” medical sources, and cross- 7 The Social Security Administration Program Operations Manual System (“POMS”) is “a set of policies issued by the Administration to be used in processing claims.” McNamar v. Apfel, 172 F.3d 764, 766 (10th Cir. 1999).
discussed Cited as authority (rule) Spencer v. Commissioner, Social Security Administration
D. Colo. · 2021 · confidence medium
On appeal, the claimant argued that the ALJ failed to incorporate the 5 “The POMS is ‘a set of policies issued by the Administration to be used in processing claims.’” Warren, 170 F. Supp. 3d at 1364 n.7 (quoting McNamar v. Apfel, 172 F. 3d 764, 766 (10th Cir. 1999)).
discussed Cited as authority (rule) Hanna v. Social Security Administration
D.N.M. · 2021 · confidence medium
The Commissioner suggests that Dr. Tucker’s additional opinions are not material because they “were not based solely on Plaintiff’s depression,” but were instead also based on 9 The POMS is “a set of policies issued by the [SSA] to be used in processing claims.” McNamar v. Apfel, 172 F.3d 764, 766 (10th Cir. 1999).
discussed Cited as authority (rule) Cardoza v. Saul
D. Utah · 2021 · confidence medium
(Tr. 102.) See SSR 00-4p (permitting an ALJ to rely on vocational expert’s experience even when there is a conflict stating that “[i]nformation about a particular job’s requirement or about occupations not listed in the DOT may be available in other reliable publications, information obtained directly from employers, or from a VE’s or VS’s experience in job placement or career counseling.”). ii) Agency Policy The Agency’s Program Operations Manual System (“POMS”), is a set of “policies issued by the Administration to be used in processing claims.” McNamar v. Apfel, 172 F.…
discussed Cited as authority (rule) Gaines v. Commissioner of Social Security Administration
W.D. Okla. · 2020 · confidence medium
According to the Commissioner’s Program Operations Manual System (“POMS”):2 • The claimant’s PRW may be a composite job if it takes multiple DOT occupations to locate the main duties of the PRW as described by the claimant. • If you determine that PRW was a composite job, you must explain why. • When comparing the claimant’s RFC to a composite job as the claimant performed it, find the claimant capable of performing the composite job only if he or she can perform all parts of the job. • A composite job does not have a DOT counterpart, so do not evaluate it at the part of step…
discussed Cited as authority (rule) Stringfellow v. Commissioner, Social Security Administration
D. Colo. · 2020 · confidence medium
ALJ's decision.” Social Security Ruling 82-41, 1982 WL 31389 at *7 (SSA Jan. 1, 1982). 6 The POMS is “a set of policies issued by the Administration to be used in processing claims.” McNamar v. Apfel, 172 F.3d 764, 766 (10th Cir. 1999).
discussed Cited as authority (rule) Doxtator v. Social Security Administration, Commissioner of
D. Kan. · 2020 · confidence medium
McNamara v. Apfel, 172 F.3d 764, 766 (10th Cir. 1999). that while “[i]t is essentially true that defendant touched the required procedural bases . . . [the defendant’s RFC formulation] does not properly describe plaintiff’s visual limitations in the specific terms the defendant uses in his policies regarding the visual-vocational requirements for work.” Doc.
discussed Cited as authority (rule) King v. Social Security Administration
D.N.M. · 2020 · confidence medium
The Social Security Administration Program Operations Manual System (“POMS”) is “a set of policies issued by the Administration to be used in processing claims.” McNamar v. Apfel, 172 F.3d 764, 766 (10th Cir. 1999).
cited Cited as authority (rule) Vienna v. Social Security Administration
D.N.M. · 2019 · confidence medium
Aug. 23, 2019). 10 The POMS is “a set of policies issued by the Administration to be used in processing claims.” McNamar v. Apfel, 172 F.3d 764, 766 (10th Cir. 1999).
cited Cited as authority (rule) Bosse v. Social Security Administration
D.N.M. · 2019 · confidence medium
Jan. 31, 2018). 12 The POMS is “a set of policies issued by the Administration to be used in processing claims.” McNamar v. Apfel, 172 F.3d 764, 766 (10th Cir. 1999).
discussed Cited as authority (rule) Holmes v. Social Security Administration
D.N.M. · 2019 · confidence medium
The Social Security Administration Program Operations Manual System (“POMS”)4 provides that: 4 POMS is “a set of policies issued by the Administration to be used in processing claims.” McNamar v. Apfel, 172 F.3d 764, 766 (10th Cir. 1999).
discussed Cited as authority (rule) Schauls v. Berryhill
D. Minnesota · 2019 · confidence medium
The Court must “defer to the agency’s interpretations stated in the POMS unless they are ‘arbitrary, capricious, or contrary to law.’” Lee v. Colvin, 631 F. App’x 538 , 541 n.1 (10th Cir. 2015) (quoting McNamar v. Apfel, 172 F.3d 764, 766 (10th Cir. 1999)); see also Draper v. Colvin, 779 F.3d 556, 560-61 (8th Cir. 2015) (recognizing Social Security Act as among the most intricate pieces of legislation ever drafted by Congress and giving substantial deference to other POMS provisions).
cited Cited as authority (rule) Anders v. Berryhill
10th Cir. · 2017 · confidence medium
The POMS is "a set of policies issued by the [Social Security] Administration to be used in processing claims.” McNamar v. Apfel, 172 F.3d 764, 766 (10th Cir. 1999).
cited Cited as authority (rule) Lyda v. Colvin
D. Colo. · 2016 · confidence medium
The POMS is "a set of policies issued by the Administration to be used in processing claims.” McNamar v. Apfel, 172 F.3d 764, 766 (10th Cir. 1999).
cited Cited as authority (rule) Warren v. Colvin
D. Colo. · 2016 · confidence medium
March 21, 2011). .The POMS is “aset of policies issued by the Administration to be used in processing claims.” McNamar v. Apfel, 172 F.3d 764, 766 (10th Cir.1999).
cited Cited as authority (rule) Lee v. Colvin
unknown court · 2015 · confidence medium
We defer to the agency’s interpretations stated in the POMS unless they are "arbitrary, capricious, or contrary to law.” McNamar v. Apfel, 172 F.3d 764, 766 (10th Cir.1999).
cited Cited as authority (rule) Knuutila v. Colvin
D. Colo. · 2015 · confidence medium
The POMS is "a set of policies issued by the Administration to be used in processing claims.” McNamar v. Apfel, 172 F.3d 764, 766 (10th Cir.1999).
cited Cited as authority (rule) Carver v. Colvin
10th Cir. · 2015 · confidence medium
The POMS is "a set of policies issued by the Administration to be used in processing claims.” McNamar v. Apfel, 172 F.3d 764, 766 (10th Cir.1999).
cited Cited as authority (rule) Hanken v. Colvin
D. Colo. · 2014 · confidence medium
The PQMS is “a set of policies issued by the [Social Security] Administration to be used in processing claims.” McNamar v. Apfel, 172 F.3d 764, 766 (10th Cir.1999).
discussed Cited as authority (rule) Jaramillo v. Colvin (2×)
10th Cir. · 2014 · confidence medium
The POMS is "a set of policies issued by the Administration to be used in processing claims.” McNamar v. Apfel, 172 F.3d 764, 766 (10th Cir.1999).
discussed Cited as authority (rule) Wicks v. Colvin (2×) also: Cited "see"
10th Cir. · 2014 · confidence medium
"The [agency’s] policy guidelines are provided in the [POMS], which is a set of policies issued by the [agency] ‘to be used in processing claims.' ” Ramey v. Reinertson, 268 F.3d 955, 964 (10th Cir.2001) (quoting McNamar v. Apfel, 172 F.3d 764, 766 (10th Cir.1999)).
discussed Cited as authority (rule) Bennett v. United States Department of Agriculture
6th Cir. · 2007 · confidence medium
Both the USDA here and the Tenth Circuit in McNamar v. Apfel, 172 F.3d 764, 766 (10th Cir. 1999), which the USDA quotes, inaccurately claim that the Supreme Court’s opinion in Thomas Jefferson University holds that courts defer to agency interpretations of both the statutes and regulations they administer.
discussed Cited as authority (rule) Miranda v. Barnhart
10th Cir. · 2005 · confidence medium
Discussion I “We review the Commissioner’s decision to determine whether it is supported by substantial evidence and whether correct legal standards were applied.” McNamar v. Apfel, 172 F.3d 764, 766 (10th Cir.1999). ‘We must examine the record closely to determine whether substantial evidence supports the [Commissioner’s] determination.
discussed Cited as authority (rule) Wiederholt v. Barnhart
10th Cir. · 2005 · confidence medium
Discussion Standard of Review “We review the Commissioner’s decision to determine whether it is supported by substantial evidence and whether correct legal standards were applied.” McNamar v. Apfel, 172 F.3d 764, 766 (10th Cir.1999).
discussed Cited as authority (rule) Standlee v. Barnhart
10th Cir. · 2005 · confidence medium
“We review the Commissioner’s decision to determine whether it is supported by substantial evidence and whether correct legal standards were applied.” McNamar v. Apfel, 172 F.3d 764, 766 (10th Cir.1999).
discussed Cited as authority (rule) Zuni Public School District No. 89 v. United States Department of Education (2×)
10th Cir. · 2004 · confidence medium
"Such an interpretation is given controlling weight unless it is arbitrary, capricious, or contrary to law." McNamar v. Apfel, 172 F.3d 764, 766 (10th Cir.1999). 28 When Congress passed 20 U.S.C. § 7709 in 1994, it codified the disparity standard essentially as it appeared in the former regulations, albeit with an unexplained and slight alteration to the wording regarding percentile exclusions.
discussed Cited as authority (rule) Crook v. Barnhart (2×) also: Cited "see"
10th Cir. · 2004 · confidence medium
Analysis ‘We review the Commissioner’s decision to determine whether it is supported by substantial evidence and whether correct legal standards were applied.” McNamar v. Apfel, 172 F.3d 764, 766 (10th Cir.1999).
discussed Cited as authority (rule) Casey v. Barnhart
10th Cir. · 2003 · confidence medium
Mr. Casey also refers to a provision of the Social Security Administration’s Program Operations Manual System ("POMS”), which is a set of policies issued by the agency "to be used in processing claims." McNamar v. Apfel, 172 F.3d 764, 766 (10th Cir.1999).
discussed Cited as authority (rule) Ramey v. Reinertson
10th Cir. · 2001 · confidence medium
SSA Program Operations Manual System The SSA’s policy guidelines are provided in the Program Operations Manual System (“POMS”), which is a set of policies issued by the SSA “to be used in processing claims.” McNamar v. Apfel, 172 F.3d 764, 766 (10th Cir.1999). 2 POMS No. SI 01730.048(E) is entitled “Procedure Development and Documentation, Section 1634 States.” See id. at 117 (POMS No. SI 01730.048(E)).
discussed Cited as authority (rule) Neikirk v. Massanari (2×)
10th Cir. · 2001 · confidence medium
McNamar v. Apfel, 172 F.3d 764, 766 (10th Cir.1999).
discussed Cited "see" Ulloa v. Social Security Administration
N.D. Okla. · 2022 · signal: see · confidence high
See McNamar v. Apfel, 172 F.3d 764, 766 (10th Cir. 1999) (referring to a different manual). (“POMS”) DI 25015.006(B), https://secure.ssa.gov/apps10/poms.nsf/lnx/0425015006 (last visited Feb. 15, 2022) (same).6 2.
discussed Cited "see" Padilla v. Social Security Administration
D.N.M. · 2021 · signal: see · confidence high
See Silva v. Colvin, 203 F. Supp. 3d 1153 , 1158–66 (D.N.M. 2016).9 An ALJ may rely exclusively on the Section III findings only if the “Section III narrative does not contradict any Section I limitations and describes the effect each 8 The POMS is “a set of policies issued by the Administration to be used in processing claims.” McNamar v. Apfel, 172 F.3d 764, 766 (10th Cir. 1999).
Retrieving the full opinion text from the archive…
Cathy McNAMAR, Plaintiff-Appellant,
v.
Kenneth S. APFEL, Commissioner of Social Security Administration, Defendant-Appellee
98-5077.
Court of Appeals for the Tenth Circuit.
Apr 15, 1999.
172 F.3d 764
Paul F. McTighe, Jr., Tulsa, Oklahoma, for Plaintiff-Appellant., Stephen C. Lewis, United States Attorney, Peter Bernhardt, Assistant U.S. Attorney, Tulsa, Oklahoma, and Tina M. Waddell, Chief Counsel, Region VI, Mark J. Kingsolver, Deputy Chief Counsel, and Linda H. Green, Assistant Regional Counsel, Office of the General Counsel, Social Security Administration, Dallas, Texas, for Defendant-Appellee.
Baldock, Barrett, Henry.
Cited by 59 opinions  |  Published
BARRETT, Senior Circuit Judge.

Appellant Cathy McNamar appeals the district court’s affirmance of the final decision of the Commissioner of Social Security reducing appellant’s disability benefits by the amount of her Civil Service disability benefits, without excluding her monthly health insurance premium. Because the Commissioner’s decision is supported by substantial evidence and correct legal standards were applied, we affirm. [1]

Appellant is disabled by Crohn’s Disease. She receives $747 in monthly disability benefits from the Civil Service Retirement System, from which health insurance premiums and taxes are deducted. Appellant also receives social security disability benefits. Because appellant is eligible to receive both social[*766] security disability benefits and disability benefits from another government plan, federal law requires that her social security benefits be reduced. See 42 U.S.C. § 424a(a); 20 C.F.R. § 404.408(a)(2). This appeal involves the amount by which appellant’s social security benefit must be reduced.

The Commissioner offset appellant’s entire civil service disability payment against her social security disability payment, without excluding her monthly health insurance premiums from the offset. The Commissioner’s decision was based on the language of 20 C.F.R. § 404.408(d), which identifies expenses that may be excluded from the offset, and on several provisions of the Social Security Administration’s Program Operations Manual System (POMS), a set of policies issued by the Administration to be used in processing claims. The district court affirmed the computation. On appeal, appellant argues that her health insurance premiums are future medical expenses which should have been excluded from the offset pursuant to 20 C.F.R. § 404.408(d).

We review the Commissioner’s derision to determine whether it is supported by substantial evidence and whether correct legal standards were applied. See Hawkins v. Chater, 113 F.3d 1162, 1164 (10th Cir.1997). Our review of an agency’s interpretation of a statute or regulation it administers is highly deferential. See Thomas Jefferson Univ. v. Shalala, 512 U.S. 504, 512, 114 S.Ct. 2381, 129 L.Ed.2d 405 (1994); Wilkins v. Callahan, 127 F.3d 1260, 1262 (10th Cir.1997). Such an interpretation is given controlling weight unless it is arbitrary, capricious, or contrary to law. See Thomas Jefferson Univ., 512 U.S. at 512, 114 S.Ct. 2381 (“[T]he agency’s interpretation must be given controlling weight unless it is plainly erroneous or inconsistent with the regulation.”) (quotations omitted); New Mexico Dep’t of Human Servs. v. Department of Health & Human Servs., 4 F.3d 882, 884 (10th Cir.1993).

The offset statute itself does not authorize the exclusion of any amounts from the offset. See 42 U.S.C. § 424a(a). The Social Security Administration’s implementing regulation does, however, exclude the following amounts:

[a]mounts paid or incurred, or to be incurred, by the individual for medical, legal, or related expenses in connection with the claim for public disability payments ... or the injury ... on which the public disability award ... is based, ... to the extent they ... reflect either the actual amount of expenses already incurred or a reasonable estimate ... of future expenses. Any expenses ... not reflecting a reasonable estimate of the individual’s actual future expenses will not be excluded.

20 C.F.R. § 404.408(d). The agency has further clarified this regulation in two POMS provisions which appear to foreclose appellant’s argument that her health insurance premiums should have been excluded as future medical expenses. See POMS DI 52001.050(C)(2), attached to Appellant’s Br. (expressly stating that health insurance premiums should be offset against the social security disability benefit, and that such amounts “are not excludable expenses”); POMS DI 52001.535(2) and (7), attached to Appellant’s Br. (requiring verification of medical expenses, and stating that amounts for future medical expenses which are not specified in the public disability award may not be excluded until they are actually incurred). The question then, is whether these agency interpretations are arbitrary, capricious, or contrary to law.

Because the offset statute does not exclude any amounts from the required offset, see § 424a(a), the Commissioner’s failure to exclude appellant’s health insurance premiums cannot be contrary to the statute. Nor does it appear that the failure to exclude such premiums is contrary to the implementing regulation, as the premiums do not represent an estimate of appellant’s[*767] actual future expenses related to her Crohn’s disease. Although appellant’s health insurance may, at some point, pay for disability-related medical expenses, it is not limited to these expenses, but instead may be used to pay for an entire spectrum of medical care. Finally, appellant has not shown that the agency’s interpretation of the setoff requirement, as enunciated in the POMS, is arbitrary or capricious.

The judgment of the United States District Court for the Northern District of Oklahoma is AFFIRMED.

1

. After examining the briefs and appellate record, this panel has determined unanimously to grant the parties' request for a decision on the briefs without oral argument. See Fed. R.App. P. 34(f); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument.