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
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
- Udall v. TallmanSupreme Court of the United States · 1965
- Bowles v. Seminole Rock & Sand Co.Supreme Court of the United States · 1945
- Thorpe v. Housing Authority of DurhamSupreme Court of the United States · 1969
- Mourning v. Family Publications Service, Inc.Supreme Court of the United States · 1973
- Braniff Airways, Incorporated v. Civil Aeronautics Board, Eastern Air Lines, Inc., IntervenorCourt of Appeals for the D.C. Circuit · 1967
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- L IZZIE K. M AY FIELD v. R. James NicholsonUnited States Court of Appeals for Veterans Claims · 2005
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