Encarnacion Ex Rel. George v. Astrue

McLAUGHLIN, Circuit Judge:

The plaintiffs represent a putative class of children whose parents claim that the Commissioner of Social Security (the “Commissioner”) has implemented a policy (the “Policy”) that excludes some children from eligibility for Supplemental Security Income Benefits (“SSI Benefits”) in a manner that violates the Social Security Act (the “Act”) and the Commissioner’s own regulations. Pursuant to those regulations, childhood disability is determined by evaluating applicants within six domains of functioning, such as the child’s ability to acquire and use information.…