Chemberlin v. Chater

No. 95-1162-Civ-Orl-19 (M.D. Fla. Dec. 29, 1996). ; Clearinghouse Number: 51597

Description

Case Remanded to Determine If Disabled Claimant Who Worked Part-Time Is Eligible for Special SSI Cash Benefits

Abstract

Upon judicial review of the decision of the Social Security Administration (SSA) to terminate plaintiff’s disability benefits under the SSI program for engaging in substantial gainful activity (SGA), the district court has remanded to the commissioner to issue a fully favorable decision and to determine whether plaintiff is eligible to receive special SSI benefits under section 1619(a) of the Social Security Act, 42 U.S.C. § 1382(h). Plaintiff received SSI and disability benefits because of anxiety, impaired vision, and other problems. She earned from $700 to $800 per month for more than a year working part-time as a customer service representative for large retailers. The administrative law judge (ALJ) found that claimant’s entitlement to disability and SSI benefits was terminated (although her disabling condition had not improved) because of her SGA. The ALJ waived the resulting overpayments. The ALJ did not address plaintiff’s continuing entitlement to "special" SSI cash benefits under section 1619(a), although she argued that her earnings, after exclusion of the first $85 plus 50 percent of the remainder, left her entitled to a small SSI cash benefit. The Appeals Council found no basis for review. The district court ordered that all of the ALJ’s findings and conclusions be adopted except for the cessation of the claimant’s SSI benefits due to her SGA; remanded under sentence four of 42 U.S.C. § 405(g) for a revised, fully favorable decision; and asked "the effectuating component" of SSA to consider for the first-time plaintiff’s continuing entitlement to special SSI cash benefits. Counsel notes that SSA stipulated to this order.

Additional Information

Attorney Information
Plaintiff represented by Stephen Norman, Vermont Legal Aid, Inc., 264 N. Winooski Ave., P.O. Box 1367, Burlington, VT 05402; (802) 863-5620.
Docket Date
1996-12-29 00:00:00+00:00