Cervantez v. Sullivan

ORDER

KARLTON, Chief Judge.

This action for declaratory and injunctive relief challenges the validity of 20 C.F.R. § 416.1123(b)(2). Under that regulation, the Department of Health and Human Services counts as income, money that has been garnished from Supplemental Security Income (“SSI”) applicants or recipients, when calculating entitlement to SSI benefits under Title XVI of the Social Security Act, 42 U.S.C.A. §§ 1381-1383C.

The matter is before the court on the defendant’s motion to dismiss for lack of subject matter jurisdiction, and the plaintiff’s motions for class certification and for…