Cervantez v. Sullivan - United States Court of Appeals for the Ninth Circuit

Cervantez v. Sullivan

By United States Court of Appeals for the Ninth Circuit

  • Release Date - Published: 1992-04-07
  • Book Genre: Law
  • Author: United States Court of Appeals for the Ninth Circuit
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Cervantez v. Sullivan United States Court of Appeals for the Ninth Circuit read online review & book description:

BROWNING, Circuit Judge: The Secretary of Health and Human Services calculates the income of Supplemental Security Income (SSI) claimants to determine their eligibility for benefits and the amount of these benefits. The SSI claimants in this class action are subject to state court garnishment orders, pursuant to which funds they would otherwise receive are withheld to pay their legal obligations. It is the Secretary's policy, embodied in a published regulation, 20 C.F.R. § 416.1123(b)(2), to count the garnished amounts as income to the claimants. The district court struck down this regulation as in conflict with the Social Security Act.1 The Secretary appeals and we reverse.*

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