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SULLIVAN v. EVERHART

No. 88-1323.

494 U.S. 83 (1990)

SULLIVAN, SECRETARY OF HEALTH AND HUMAN SERVICES, ET AL. v. EVERHART ET AL.

Supreme Court of United States.

Decided February 21, 1990

Attorney(s) appearing for the Case

Amy L. Wax argued the cause pro hac vice for petitioners. With her on the briefs were Solicitor General Starr, Acting Assistant Attorney General Schiffer, Deputy Solicitor General Merrill, and William Kanter.

Linda J. Olson argued the cause for respondents. With her on the brief were R. Eric Solem and Daniel M. Taubman.*

JUSTICE SCALIA delivered the opinion of the Court.

If the Secretary of Health and Human Services determines that a beneficiary has received "more or less than the correct amount of payment," the Social Security Act requires him to effect "proper adjustment or recovery," subject to certain restrictions in the case of overpayments. This case requires us to decide whether the Secretary's so-called "netting" regulations, under...

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