18 soc.sec.rep.ser. 65, Medicare&medicaid Gu 36,369 Raymon and Joann Lynch v. William Dawson, Defendants-Third Party and Otis Bowen, M.D., Third Party

I agree that, under our precedent, the plaintiff class has standing. I dissent, however, because I do not agree with the majority’s holding that the Pickle Amendment, Pub.L. 94-566, Title V, § 503, 42 U.S.C.A. 1396a (note), applies to persons rendered ineligible for medicare by Title II COLA increases deemed to them from parents or from spouses who have never received SSI benefits under title XVI.

Our aim in interpreting a federal statute “is to ascertain the intent of Congress and to give effect to legislative will.” United States v. Taylor, 802 F.2d 1108, 1113 (9th Cir.1986), cert. denied, —…