Legal Opinion
Marturello v. Angus
Court of Appeals for the Tenth Circuit
Decided February 14, 1992No. 90-4188PublishedCited by 2 opinions
1Opinion of the Court
TACHA, Circuit Judge.
Appellant, the Secretary of Health and Human Services (HHS), appeals an order of the district court granting summary judgment in favor of the Plaintiff Amy Martu-rello and issuing a permanent injunction. On appeal, the Secretary of HHS contends that his policy, declaring a recipient who fails to file a monthly report of income received ineligible to receive benefits, is a reasonable interpretation of the Social Security Act, 42 U.S.C. §§ 601 et seq., and implementing federal regulations.- We reverse.
BACKGROUND
Congress established the Aid to Families with Dependent…
2Cases cited3 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Evelyn Hill v. Irene Ibarra, in Her Official Capacity the Denver Department of Social Services Mary Krane, in Her Official CapacityCourt of Appeals for the Tenth Circuit · 1992
- Lori Johnston v. Iowa Department of Human Services v. Louis Sullivan, Secretary of the U.S. Department of Health and Human ServicesCourt of Appeals for the Eighth Circuit · 1991
3Cited by2 opinions
- Prince v. Division of Family ServicesMissouri Court of Appeals · 1994
- Amy L. Marturello, Individually and on Behalf of All Other Persons Similarly Situated v. Norman G. Angus, in His Capacity as Executive Director of the Utah Department of Human Services John P. Abbott, in His Capacity as Director of the Office of Recovery Services, Defendants-Third-Party-Plaintiffs-Appellees v. Louis W. Sullivan, M.D., Secretary of the United States Department of Health and Human Services, Third-Party-Defendant-AppellantCourt of Appeals for the Third Circuit · 1992