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LUGO v. SCHWEIKER

No. 85-1066.

776 F.2d 1143 (1985)

Angel LUGO and Maria Luna, by her guardian ad litem Angel Lugo, on behalf of themselves and on behalf of all others similarly situated, Sarah M. Pickels, on behalf of Edward Pickels, and Edward F. Terebieniec, individually and on behalf of all other similarly situated, Intervenors, v. Richard S. SCHWEIKER, Secretary, U.S. Department of Health and Human Services, Appellant.

United States Court of Appeals, Third Circuit.

Decided November 13, 1985.

Attorney(s) appearing for the Case

Edward S.G. Dennis, Jr., U.S. Atty., Philadelphia, Pa., Richard K. Willard, Acting Asst. Atty. Gen., William Kanter, Michael Kimmel (argued), Attys., Appellate Staff, Dept. of Justice, Washington, D.C., for appellant.

Henry J. Sommer (Argued), David L. Hill, Community Legal Services, Inc., Philadelphia, Pa., for appellees.

Before ADAMS, GIBBONS and WEIS, Circuit Judges.

OPINION OF THE COURT

ADAMS, Circuit Judge.

This class action involves a challenge to certain regulations employed by the Social Security Administration (SSA) when it determines that incorrect sums of money were disbursed to beneficiaries. The challenged regulations provide that where SSA ascertains that a beneficiary was both underpaid and overpaid at various times in the past, the agency may "net" the amounts...

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