Fredenburg v. Mental Health Division

Appellants have petitioned for review of our opinion. 106 Or App 337, 807 P2d 812 (1991). We treat the petition as one for reconsideration, ORAP 9.15(1), allow it, modify our opinion and adhere to it.

Appellants assert that we erred in holding that Division’s consideration of their Social Security benefits did not violate 42 USC § 407(a).1 They argue that we improperly relied on the present version of ORS 179.653, rather than on the version that was in effect on the date of the administrative orders relevant to this case.

Division’s orders were issued May 12, 1989, when ORS 179.653 provided:

“If…