Legal Opinion
Martin v. Sullivan
Court of Appeals for the Ninth Circuit
Decided August 31, 1990No. Nos. 88-15024, 88-15279PublishedCited by 9 opinions
1Opinion of the Court
POOLE, Circuit Judge:
The Secretary of Health and Human Services (Secretary) appeals the decision of the district court invalidating one of his regulations, 20 C.F.R. § 416.1123(b)(1) (1988), which characterized as “income” for purposes of assessing a person’s eligibility for Supplemental Security Income (SSI) benefits amounts not received in hand but which were instead being withheld by other agencies to recoup prior overpayments. Martin v. Bowen, 694 F.Supp. 718 (N.D.Cal.1988).
BACKGROUND
The facts of this case are not in dispute. As the widow of a former railroad employee, Mrs. Velma Martin…
2Cases cited8 opinions
- Hugh Whaley v. Richard S. Schweiker, Secretary of Health and Human ServicesCourt of Appeals for the Ninth Circuit · 1981
- Eugene Lyon v. Otis R. Bowen, M.D., Secretary of Health and Human ServicesCourt of Appeals for the Fifth Circuit · 1986
- Evelyn M. Summy v. Richard S. Schweiker, Secretary of Health and Human ServicesCourt of Appeals for the Ninth Circuit · 1982
- Marie Robinson v. Otis R. Bowen, M.D., Secretary of Health and Human Services, DefendantCourt of Appeals for the Second Circuit · 1987
- Rose Szlosek v. Secretary of Health and Human ServicesCourt of Appeals for the First Circuit · 1988
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Kennedy v. ShalalaCourt of Appeals for the Fourth Circuit · 1993
- Himes v. SullivanDistrict Court, W.D. New York · 1991
- 59 soc.sec.rep.ser. 638, 98 Cal. Daily Op. Serv. 9258, 98 Daily Journal D.A.R. 12,934 Department of Health & Human Services, State of Washington, Individually and as Real Party in Interest and Custodian, and on Behalf of Daniel Belknap Mark Blanton Katrina Crawford Dwight Hammond Stephen Lopez Adam McGrew Brian Reece Derrick Simpson, and Other Similarly-Situated Juvenile Offenders Denied Ssi Because They Reside in Group Homes Shawn M. Hankins Roger A. Lemieux v. Shirley S. Chater, Commissioner, Social Security AdministrationCourt of Appeals for the Ninth Circuit · 1998
- Cervantez v. SullivanCourt of Appeals for the Ninth Circuit · 1992
- Melvin Peura, by and Through His Guardian, Bill Herman and Astrid Peura v. Theodore A. Mala State of Alaska, Defendant-Third-Party-Plaintiffs-Appellees v. Louis W. Sullivan, M.D., Third-Party-Defendant-AppelleeCourt of Appeals for the Third Circuit · 1992
4 more not listed; retrieve them via the Exa API.