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RUPPERT v. BOWEN

Nos. 495, 563, Dockets 88-6018, 88-6176.

871 F.2d 1172 (1989)

Mary RUPPERT, Angela Mauro, Alan Green, Cheryl Karnett, Jocelyn Hill, Thomas Ferguson, Edward and Rose Faicco, Victoria Shaw, Peter Lo Brutto, Jacqueline Ferguson, Aaron Green, Appellants, v. Otis BOWEN, Secretary of the United States Department of Health and Human Services, and Cesar Perales, as Commissioner of the New York State Department of Social Services, Appellees.

United States Court of Appeals, Second Circuit.

Decided March 29, 1989.

Attorney(s) appearing for the Case

Charles Robert, Robert, Huber, Lerner & Bigler, Rockville Centre, N.Y. (Laura Enteen, Long Island Advocacy Center, New Hyde Park, N.Y., of counsel), for appellants.

Michelle J. Ritholz, Sp. Asst. U.S. Atty. (Andrew J. Maloney, U.S. Atty. for the Eastern District of New York, Robert L. Begleiter, Anne E. Stanley, Asst. U.S. Attys., of counsel), for appellee Secretary of Health and Human Services.

Mary Fisher Bernet, Asst. Atty. Gen. (Robert Abrams, Atty. Gen. of the State of New York), for appellee Cesar Perales.

Ellen M. Saideman (Herbert Semmel, of counsel), for amicus curiae New York State Comm'n on Quality of Care for the Mentally Disabled.

Before OAKES, Chief Judge, KAUFMAN and CARDAMONE, Circuit Judges.

OAKES, Chief Judge:

Eleven appellants challenge the method used by the Social Security Administration (SSA) to calculate their benefits under the Supplemental Security Income (SSI) program, which provides income to the elderly, blind, and disabled.1 They appeal a decision of the United States District Court for the Eastern District of New York, Leonard D. Wexler, Judge, and we assume familiarity with Judge Wexler's detailed opinion.

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