Juanita Newman, on Behalf of Herself and All Others Similarly Situated v. Kenneth Apfel, Commissioner of the Social Security Administration
Court of Appeals for the Ninth Circuit
1Opinion of the Court
Opinion by Judge O’SCANNLAIN; Dissent by Judge REINHARDT.
O’SCANNLAIN, Circuit Judge:
We must decide what discretion the Commissioner of Social Security possesses to make adjustments in Supplemental Security Income benefits based on changes in a recipient’s monthly income.
I
The Supplemental Security Income (“SSI”) program, provided for at 42 U.S.C. § 1381 et seq., provides cash payments to aged, blind, and disabled Americans for the purpose of ensuring that they have “at least a subsistence level income.” Paxton v. Secretary of HHS, 856 F.2d 1352, 1353 (9th Cir.1988) (citing 20 C.F.R. §…
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