Legal Opinion

Bowmaster v. Petit

District Court, D. Maine

Decided December 6, 1983No. Civ. 83-0171-BPublishedCited by 7 opinions

1Opinion of the Court

MEMORANDUM AND ORDER ON PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTIVE RELIEF

CYR, Chief Judge.

In January 1983, plaintiff’s benefits under the Aid to Families with Dependent Children [AFDC] program were suspended upon her receipt of a $2,500 lump-sum settlement in a workers’ compensation proceeding. The suspension was ordered under the lump-sum rule, added to the Social Security Act by section 2304 of the Omnibus Budget Reconciliation Act of 1981 [OBRA] and enforced by the state and federal regulations promulgated pursuant thereto. Plaintiff concedes that the regulations were applied in…

2Cases cited15 opinions

  1. Skidmore v. Swift & Co.Supreme Court of the United States · 1944
  2. Red Lion Broadcasting Co. v. Federal Communications CommissionSupreme Court of the United States · 1969
  3. Social Security Board v. NierotkoSupreme Court of the United States · 1946
  4. Planned Parenthood League of Massachusetts v. Francis X. BellottiCourt of Appeals for the First Circuit · 1981
  5. Schweiker v. HoganSupreme Court of the United States · 1982

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3Cited by7 opinions

  1. Isidra Callejas v. Linda McMahon and Margaret Heckler, Secretary of the United States Department of Health and Human Services, Third PartyCourt of Appeals for the Third Circuit · 1985
  2. Muckey v. New Mexico Department of Human ServicesNew Mexico Court of Appeals · 1985
  3. Vermeulen v. KhederDistrict Court, W.D. Michigan · 1984
  4. Davis v. ColerDistrict Court, N.D. Illinois · 1984
  5. Wylie v. KitchinDistrict Court, N.D. New York · 1984

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