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CERVANTEZ v. SULLIVAN

No. CIV. S-89-529 LKK.

724 F.Supp. 757 (1989)

Jesse CERVANTEZ, on behalf of himself and all others similarly situated, Plaintiffs, v. Louis SULLIVAN, Secretary of the Department of Health and Human Services, Defendant.

United States District Court, E.D. California.

October 31, 1989.

Attorney(s) appearing for the Case

Gary F. Smith, Carole F. Grossman, Legal Services of N. California, Woodland, Cal., Jeanette L. Smith, Legal Center for the Elderly & Disabled, Sacramento, Cal., Gill DeFord, Peter Komlos-Hrobsky, National Senior Citizens Law Center, Los Angeles, Cal., for plaintiffs.

Sheila Lieber, Margot de Ferranti, U.S. Dept. of Justice, Civil Div., Washington, D.C., John R. Bolton, Asst. U.S. Atty., Sacramento, Cal., for defendant.

ADDENDUM TO ORDER PUBLISHED AT 719 F.Supp. 899 (1989)

KARLTON, Chief Judge.

This action for declaratory and injunctive relief challenges the validity of a policy set forth in a portion of a regulation, 20 C.F.R. § 5416.1123(b)(2), by which the defendant counts as unearned income money that has been garnished from Supplemental Security Income ("SSI") applicants or recipients when calculating entitlement to SSI benefits...

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