Newman v. Shalala

No. 94-55761 (9th Cir. filed Feb. 21, 1995) ; Clearinghouse Number: 44877

Description

Challenge to HHS’s Failure to Implement the "Reliable Information" Exception to Retrospective Monthly Accounting Appealed to the Ninth Circuit

Abstract

Plaintiff-appellee SSI claimants have filed a brief in the Ninth Circuit in this action challenging the Secretary of HHS’s failure to promulgate a regulation implementing the "reliable information" exception to retrospective monthly accounting (RMA). Under RMA, the amount of SSI benefits one receives in a given month is based on income received two months before, rather than on income received in the current month. Plaintiffs alleged that, under 42 U.S.C. § 1382(c)(4), HHS was required to regulate the circumstances in which it is appropriate to make an exception to RMA, based on "reliable information" available on income and other circumstances for the current month. The district court granted plaintiffs’ motion for summary judgment and ordered HHS to issue a regulation. In response to HHS’s appeal, plaintiffs argue that the Supreme Court’s decision in Chevron U.S.A. v. Natural Resources Defense Council, 467 U.S. 837 (1984), neither requires nor supports judicial deference to HHS’s construction of the statute. Plaintiffs contend that Congress mandated that HHS promulgate a regulation implementing the "reliable information" exception and that HHS’s failure to do so violates its obligations under the Administrative Procedure Act and the due process clause. Plaintiffs also contend that the scope of the class is appropriate and that the district court correctly tolled the statute of limitations with respect to class members who received a final decision from SSA more than 60 days prior to the filing of this suit. Finally, plaintiffs argue that the district court should have required HHS to promulgate not just a regulation but a regulation that applies the "reliable information" exception to the calculation of benefits in at least some cases.

Additional Information

Attorney Information
Gerald McIntyre, National Senior Citizens Law Center, 777 S. Figueroa St., Los Angeles, CA 90017, (213) 236-3890; Dorothy Settlage, Kirk McInnis, Paul Lee.
Docket Date
1995-02-21 00:00:00+00:00