Jones v. Shalala

SCHROEDER, Circuit Judge:

This is the second appeal in this class action suit. In Jones v. Shalala (“Jones I”), 5 F.3d 447 (9th Cir.1993), we invalidated the formula used by the Secretary of Health and Human Services (the “Secretary”) for determining a Supplemental Security Income (“SSI”) applicant’s monthly benefit payments in the first three months of eligibility. We considered the Secretary’s policy of looking to a one-time nonrecurring payment each class member had received during only the first month of eligibility and reducing the individual’s benefits by the full amount of such payment…