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TATUM v. MATHEWS

Nos. 75-1695 and 75-1696.

541 F.2d 161 (1976)

Minnie L. TATUM et al., Plaintiffs-Appellees and Cross-Appellants, v. F. David MATHEWS, Secretary of Health, Education and Welfare, Defendant-Appellant and Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Argued February 11, 1976.

Attorney(s) appearing for the Case

George J. Long, U. S. Atty., Louisville, Ky., William Kanter, Harry R. Silver, Civil Div., Appellate Sect., Dept. of Justice, Washington, D. C., for appellant in No. 75-1695 and appellee in No. 75-1696.

Kurt Berggren, Legal Aid Society of Louisville, Barbara Wolkowitz, Louisville, Ky., for appellee in No. 75-1695 and appellant in No. 75-1696.

Before PECK, MILLER, and LIVELY, Circuit Judges.

JOHN W. PECK, Circuit Judge.

This class action was brought on behalf of individuals in Kentucky, who began receiving Aid to the Permanently and Totally Disabled (APTD) benefits after July 1, 1973, but before December 31, 1973, and were initially determined to be ineligible for benefits under the federal Supplemental Security Income (SSI) program, which supplanted the Kentucky APTD in January, 1974.

In October, 1972...

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