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CERVANTEZ v. SULLIVAN

No. CIV. S-89-529 LKK.

739 F.Supp. 517 (1990)

Jesse CERVANTEZ, on behalf of himself and all others similarly situated, Plaintiffs, v. Louis SULLIVAN, Secretary of the Department of Health and Human Services, Defendant.

United States District Court, E.D. California.

June 7, 1990.

Attorney(s) appearing for the Case

Gary F. Smith, Carole F. Grossman, Legal Services of N. California, Woodland, Cal., Gill DeFord, Nat. Sr. Citizens Law Center, Los Angeles, Cal., Jeanette L. Smith, Legal Center for the Elderly & Disabled, Sacramento, Cal., for plaintiffs.

Sheila Lieber, Margot de Ferranti, U.S. Dept. of Justice, Civ. Div., Washington, D.C., for defendant.

AMENDED ORDER

KARLTON, Chief Judge Emeritus.

In this class action litigation, plaintiffs successfully challenged a policy and regulation of the Secretary of Health and Human Service by which he counted garnished monies as income in making eligibility and benefits determinations under the Supplemental Security Income (SSI) provisions of Title XVI of the Social Security Act. 20 C.F.R. § 416.1123(b)(2). Finding this practice inconsistent with clearly established...

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