No. 94-16865.

64 F.3d 510 (1995)

Mark JONES, individually and on behalf of all similarly situated persons; Orlando Corona, individually and on behalf of all similarly situated persons, Plaintiffs-Appellants, v. Donna E. SHALALA, Secretary of the U.S. Department of Health and Human Services; Shirley Chater, Commissioner of the Social Security Administration, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 25, 1995.

Attorney(s) appearing for the Case

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

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

Before: CUMMINGS, SCHROEDER and RYMER, Circuit Judges.

SCHROEDER, Circuit Judge:

This is the second appeal in this class action suit. In Jones v. Shalala ("Jones I"), 5 F.3d 447 (9th Cir.1993), we invalidated the formula used by the Secretary of Health and Human Services (the "Secretary") for determining a Supplemental Security Income ("SSI") applicant's monthly benefit payments in the first three months of eligibility. We considered the Secretary's policy of looking to...

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