Newman v. Apfel

223 F.3d 937 (9th Cir. Aug. 2, 2000) ; Clearinghouse Number: 53218

Description

Ninth Circuit Upholds Regulation That Allows Two-Month Delay in Supplemental Security Income Benefit Adjustments

Abstract

The Ninth Circuit upheld a regulation that preserves a two-month delay in Social Security Income (SSI) benefit adjustments from a change in income despite a statute that would allow current-month adjustments in some circumstances. The 1982 statute directed the social security commissioner to promulgate a regulation defining “reliable” and “currently available” information the commissioner could use to adjust SSI benefits without the delay from the standard “retrospective monthly accounting” method. In 1997the commissioner promulgated a regulation making no exception to the standard accounting because no “reliable” and “currently available” information existed. Plaintiff, who received SSI and social security Title II benefits, brought a class action suit against the commissioner because she was forced to wait two months after termination of her Title II benefits before she received an increase in her SSI benefits. Plaintiff’s income during the delay was far below subsistence level. The Ninth Circuit held that plaintiff had standing and the court had jurisdiction, rejecting defense arguments that plaintiff’s injury was not redressable and that no jurisdiction lay over matters of agency discretion. The court then found the regulation to be a permissible interpretation of the 1982 statute because nothing in the statute’s language or legislative history required current-month accounting, and the regulation did not contravene the purpose of the Social Security Act.

Additional Information

Attorney Information
Docket Date
2000-08-02 00:00:00+00:00

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