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JORDAN v. BOWEN

No. 84-2226.

808 F.2d 733 (1987)

Jeanne A. JORDAN, et al., Plaintiffs-Appellees, v. Otis T. BOWEN, Secretary of Health and Human Services, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

January 5, 1987.

Attorney(s) appearing for the Case

Christine R. Whittaker (William Kanter, Attys., Appellate Staff Dept. of Justice, Washington, D.C., Richard K. Willard, Asst. Atty. Gen., Washington, D.C., and Larry D. Patton, U.S. Atty., Oklahoma City, Okl., with her on the brief), for defendant-appellant.

John G. Fears, Legal Aid of Western Oklahoma, Norman Law Center, Norman, Okl. (Neal S. Dudovitz and Gill Deford, National Senior Citizens Law Center, Los Angeles, Cal., and Laura M. Rosenthal, Massachusetts Law Reform Institute, Boston, Mass., with him on the brief), for plaintiffs-appellees.

Before HOLLOWAY, Chief Judge, and BALDOCK and McWILLIAMS, Circuit Judges.

McWILLIAMS, Circuit Judge.

Under the Social Security Act, a "representative payee" appointed by the Secretary of Health and Human Services receives benefits for the use of a "beneficiary" unable to manage his or her own affairs. 42 U.S.C. §§ 405(j) and 1383(a)(2). The individual plaintiffs brought the present action in September, 1979, against the Secretary, seeking, inter alia, to compel the Secretary to adopt a plan calling for mandatory periodic...

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