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ROUSSEAU v. BORDELEAU

Civ. A. No. 84-0538.

624 F.Supp. 355 (1985)

Irene ROUSSEAU and Louise McKenna, Plaintiffs, v. Nancy BORDELEAU, in Her Capacity as Director of the Rhode Island Department of Human Services, Defendant/Third Party Plaintiff, v. Margaret HECKLER, in Her Capacity as Secretary of the Department of Health and Human Services, Third Party Defendant.

United States District Court, D. Rhode Island.

December 18, 1985.

Attorney(s) appearing for the Case

Barry Best, James Hardy, Rhode Island Legal Services, Providence, R.I., for plaintiff.

Carolyn Lembo, Sp. Asst. Atty. Gen., Providence, R.I., for defendant/third party plaintiff.

Everett Sammartino, Asst. U.S. Atty., Providence, R.I., Nanct Nemon, Deputy Regional Atty., Region I, Boston, Mass., Donald G. Kosin, Jr., Office of the General Counsel, Washington, D.C., for third party defendant.

OPINION

FRANCIS J. BOYLE, Chief Judge.

Plaintiffs seek a declaratory judgment that the policy of the Rhode Island Department of Human Services (DHS) of automatically denying a disability claim for Medical Assistance when the same applicant has been found ineligible for disability payments under the Supplementary Security Income (SSI) Program is a violation of the Social Security Act and the due process clause of the Constitution.1

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