Legal Opinion

Charles A. Buschmann v. Richard S. Schweiker , Secretary of the United States Department of Health, Education and Welfare

Court of Appeals for the Ninth Circuit

Decided May 3, 1982No. 80-3231PublishedCited by 96 opinions

1Opinion of the Court

GOODWIN, Circuit Judge.

Charles Buschmann and a class consisting of himself and all present and future Supplemental Security Income (“SSI”) recipients in Region X appeal from a judgment of the district court upholding the validity of 20 C.F.R. § 416.1125(d).1 Buschmann raises two questions on appeal;

1. Does 20 C.F.R. § 416.1125(d) exceed the Secretary’s authority under 42 U.S.C. § 1382a(a)(2)(A) of the Social Security Act? 2

2. Can this regulation apply to any period prior to its publication as a final regulation on July 7, 1978, because the Secretary failed to comply with the Administrative…

2Cases cited19 opinions

  1. Udall v. TallmanSupreme Court of the United States · 1965
  2. Bowles v. Seminole Rock & Sand Co.Supreme Court of the United States · 1945
  3. Thorpe v. Housing Authority of DurhamSupreme Court of the United States · 1969
  4. Mourning v. Family Publications Service, Inc.Supreme Court of the United States · 1973
  5. Braniff Airways, Incorporated v. Civil Aeronautics Board, Eastern Air Lines, Inc., IntervenorCourt of Appeals for the D.C. Circuit · 1967

14 more not listed; retrieve them via the Exa API.

3Cited by96 opinions

  1. State of California v. the Little Sisters of the PoorCourt of Appeals for the Ninth Circuit · 2018
  2. Alcaraz v. BlockCourt of Appeals for the Ninth Circuit · 1984
  3. East Bay Sanctuary Covenant v. Donald TrumpCourt of Appeals for the Ninth Circuit · 2018
  4. Action on Smoking and Health v. Civil Aeronautics BoardCourt of Appeals for the D.C. Circuit · 1983
  5. L IZZIE K. M AY FIELD v. R. James NicholsonUnited States Court of Appeals for Veterans Claims · 2005

91 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API