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BRIGGS v. SULLIVAN

No. 90-15747.

954 F.2d 534 (1992)

Charles BRIGGS, Frank Rouse, Robert Pierce, Elizabeth Freeland, James Pugh, Plaintiffs-Appellants, v. Louis W. SULLIVAN, Secretary of the United States Department of Health and Human Services, Dorcas R. Hardy, Commissioner of the Social Security Administration, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided January 9, 1992.

Attorney(s) appearing for the Case

Curtis L. Child, Legal Services of Northern Cal., Sacramento, California, for plaintiffs-appellants.

Edmund F. Brennan, Asst. U.S. Atty., Sacramento, Cal., for defendants-appellees.

Before TANG, REINHARDT and WIGGINS, Circuit Judges.

TANG, Circuit Judge:

This class action law suit alleges that the practices of the Secretary of the United States Department of Health and Human Services ("Secretary") denied plaintiffs benefits to which they were entitled.1 This appeal presents three issues: (1) whether the Secretary fails to investigate representative payee applicants as required by 42 U.S.C. § 405(j)(2) and 42 U.S.C. § 1383(a)(2)(B); (2) whether the plaintiffs...

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