Legal Opinion

Guadalupe Munoz v. Louis Sullivan, M.D., Secretary of the Department of Health and Human Services

Court of Appeals for the Ninth Circuit

Decided April 15, 1991No. 90-15038PublishedCited by 16 opinions

1Opinion of the Court

REINHARDT, Circuit Judge:

OVERVIEW

Guadalupe Munoz filed suit against the Secretary of the Department of Health and Human Services (“the Secretary”), alleging that the six-month rule set forth in 42 U.S.C. § 1382c(b) (1983) is unconstitutional. Under the six-month rule, when a married couple, both of whom are eligible for Supplemental Security Income benefits, separate, they are paid benefits at the level set for married couples, rather than the higher level set for individuals, for a period of six months after the separation or until the marriage has ended. Munoz challenged the…

2Cases cited15 opinions

  1. Brown v. Board of EducationSupreme Court of the United States · 1954
  2. Williamson v. Lee Optical of Oklahoma, Inc.Supreme Court of the United States · 1955
  3. Weinberger v. SalfiSupreme Court of the United States · 1975
  4. Bolling v. SharpeSupreme Court of the United States · 1954
  5. Flemming v. NestorSupreme Court of the United States · 1960

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3Cited by16 opinions

  1. John Gamble Fie A. Gamble Life Care Residences, Inc., Doing Business as Oak Hill Residential Care v. City of EscondidoCourt of Appeals for the Ninth Circuit · 1997
  2. 97 Cal. Daily Op. Serv. 7283, 97 Daily Journal D.A.R. 11,674 William S. Richardson Henry H. Peters, Jr. Oswald K. Stender, Myron B. Thompson, and Matsuo Takabuki, in Their Capacities as Trustees of the Kamehameha Schools/bernice Pauahi Bishop Estate v. City and County of Honolulu, a Hawaii Municipal Corporation, and Hale Coalition, Intervenor. William S. Richardson Henry H. Peters, Jr. Oswald K. Stender, Myron B. Thompson, and Matsuo Takabuki, in Their Capacities as Trustees of the Kamehameha Schools/bernice Pauahi Bishop Estate, and Hale Coalition, Intervenor v. City and County of Honolulu, a Hawaii Municipal Corporation, William S. Richardson Henry H. Peters, Jr. Oswald K. Stender, Myron B. Thompson, and Matsuo Takabuki, in Their Capacities as Trustees of the Kamehameha Schools/bernice Pauahi Bishop Estate v. Hawaii Leaseholders Equity Coalition, Intervenor-Appellant, and City and County of Honolulu, a Hawaii Municipal Corporation, Small Landowners of Oahu v. City and County of HonoluluCourt of Appeals for the Ninth Circuit · 1997
  3. Matsuda v. City and County of HonoluluCourt of Appeals for the Ninth Circuit · 2008
  4. Hernandez v. LynchCourt of Appeals of Arizona · 2007
  5. In Re RauschUnited States Bankruptcy Court, D. Nevada · 1996

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