MacHado v. Leavitt

MEMORANDUM AND ORDER REGARDING PLAINTIFFS’ MOTION TO CERTIFY CLASS AND DEFENDANTS’ MOTION TO DISMISS (Dkt. Nos. 2 & 27)

PONSOR, District Judge.

I. INTRODUCTION

Phrased generally, this lawsuit raises the following question: how egregious does an agency’s failure to make timely corrections of its own mistakes have to be, and how much suffering do these uncorrected errors have to inflict, before a violation of due process may be found? Specifically, these low-income Plaintiffs contend they have suffered erroneous and excessive deductions from their monthly Social Security checks as a result of…