Dougherty ex rel. Dougherty v. Bowen

ORDER AND JUDGMENT

CALDWELL, District Judge.

THE BACKGROUND OF THIS ORDER IS AS FOLLOWS:

Plaintiff, Joseph Dougherty, the parent and legal guardian of Moya Dougherty, filed suit to reinstate supplementary security income benefits his daughter was receiving when she entered Clark’s Summit State Hospital in October of 1986. The Social Security Administration had suspended her benefits based upon 42 U.S.C. § 1382(e)(1)(A) and two interpretive regulations, 20 C.F.R. § 201 and § 416.1325. Section 1382(e)(1)(A) provides that benefits can be terminated when a recipient “is an inmate of a public…