Legal Opinion
Cervantez v. Sullivan
Court of Appeals for the Ninth Circuit
Decided April 7, 1992No. 90-15056PublishedCited by 20 opinions
1Opinion of the Court
JAMES R. BROWNING, Circuit Judge:
The Secretary of Health and Human Services calculates the income of Supplemental Security Income (SSI) claimants to determine their eligibility for benefits and the amount of these benefits. The SSI claimants in this class action are subject to state court garnishment orders, pursuant to which funds they would otherwise receive are withheld to pay their legal obligations. It is the Secretary’s policy, embodied in a published regulation, 20 C.F.R. § 416.1123(b)(2), to count the garnished amounts as income to the claimants. The district court struck down this…
2Cases cited16 opinions
- Bowen v. City of New YorkSupreme Court of the United States · 1986
- Old Colony Trust Co. v. CommissionerSupreme Court of the United States · 1929
- Schweiker v. WilsonSupreme Court of the United States · 1981
- Hugh Whaley v. Richard S. Schweiker, Secretary of Health and Human ServicesCourt of Appeals for the Ninth Circuit · 1981
- Cervantez v. SullivanDistrict Court, E.D. California · 1989
11 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Kennedy v. ShalalaCourt of Appeals for the Fourth Circuit · 1993
- San Luis Unit Food Producers v. United StatesDistrict Court, E.D. California · 2011
- Cervantez v. SullivanCourt of Appeals for the Ninth Circuit · 1992
- Ussery v. Kansas Department of Social & Rehabilitation ServicesSupreme Court of Kansas · 1995
- Former Employees of BMC Software, Inc. v. United States Secretary of LaborUnited States Court of International Trade · 2007
15 more not listed; retrieve them via the Exa API.