Jeanne A. JORDAN, individually, and on behalf of all other persons similarly situated, Plaintiff-Appellant,
v.
Margaret M. HECKLER, individually, and in her official capacity as Secretary of the Department of Health and Human Services, Defendant-Appellee.
Jeanne A. JORDAN, individually, and on behalf of all other persons similarly situated, Plaintiff-Appellee,
v.
Margaret M. HECKLER, individually, and in her official capacity as Secretary of the Department of Health and Human Services, Defendant-Appellant.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
September 24, 1984.
Rehearing Denied January 22, 1985.
Attorney(s) appearing for the Case
Laura M. Rosenthal, Greater Boston Legal Services, Boston, Mass. (Judith R. Ferber, Greater Boston Elderly Legal Services, Boston, Mass., John Fears, Legal Aid of Western Okl., Norman, Okl., Neal S. Dudovitz, Nat. Sr. Citizens Law Center, Los Angeles, Cal., with her on the briefs), for plaintiff-appellant in No. 83-1636 and plaintiff-appellee in No. 84-1438.
John W. Wojciechowski, Atty., Social Sec. Div., Dept. of Health and Human Services, Baltimore, Md., Christine R. Whittaker, Atty., Appellate Staff, Civ. Div., Dept. of Justice, Washington, D.C. (J. Paul McGrath, Asst. Atty. Gen., Richard K. Willard, Acting Asst. Atty. Gen., Dept. of Justice, Washington, D.C., Larry D. Patton, U.S. Atty., Oklahoma City, Okl., Randolph W. Gaines, Deputy Asst. Gen. Counsel for Litigation, John M. Sacchetti, Chief, Retirement and Survivors Ins. Litigation Branch, Dept. of Health and Human Services, Baltimore, Md., and William Kanter, Atty., Appellate Staff, Civ. Div., Dept. of Justice, Washington, D.C., with them on the briefs), for defendant-appellee in No. 83-1636 and defendant-appellant in No. 84-1438.
Before SETH, Chief Judge, and DOYLE and SEYMOUR, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
Rehearing Denied January 22, 1985 in No. 84-1438.
SETH, Chief Judge.
The Social Security Act at 42 U.S.C. § 405(j) provides that benefits under certain circumstances may be paid directly to the applicant or to a representative for the benefit of the applicant. Thus:
"When it appears to the Secretary that the interest of an applicant entitled to a payment would be served thereby, certification of payment may be made, regardless of the legal competency...
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