Legal Opinion
Emma Powderly v. Richard S. Schweiker, Secretary of the Department of Health and Human Services, and Donald T. Regan, Secretary of the Treasury
Court of Appeals for the Ninth Circuit
Decided April 26, 1983No. 82-3092PublishedCited by 120 opinions
1Opinion of the Court
KILKENNY, Circuit Judge:
Appellant appeals from an order of the district court granting the defendants’ motion for summary judgment and dismissing her complaint. She alleges that the government’s method of recovering the proceeds of benefit checks erroneously sent to deceased beneficiaries violates the Social Security Act (Act), 42 U.S.C.A. § 404, the Administrative Procedure Act (APA), 5 U.S.C. § 551 et seq., the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and the Fifth Amendment. We affirm.
FACTS
Appellant’s husband died on August 24, 1978. Prior to his death, each received a social…
2Cases cited19 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
- Goss v. LopezSupreme Court of the United States · 1975
- Califano v. YamasakiSupreme Court of the United States · 1979
- Morton v. RuizSupreme Court of the United States · 1974
14 more not listed; retrieve them via the Exa API.
3Cited by120 opinions
- American Hospital Association v. Otis R. Bowen, Secretary, H.H.S.Court of Appeals for the D.C. Circuit · 1987
- Alcaraz v. BlockCourt of Appeals for the Ninth Circuit · 1984
- National Family Planning and Reproductive Health Association, Inc. v. Louis W. Sullivan, M.D., Secretary, U.S. Department of Health and Human ServicesCourt of Appeals for the D.C. Circuit · 1992
- Kahn, Emily v. United StatesCourt of Appeals for the Third Circuit · 1985
- Kevin Bubnis v. Kenneth Apfel, Commissioner of Social SecurityCourt of Appeals for the Second Circuit · 1998
115 more not listed; retrieve them via the Exa API.