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MILNER v. CALLAHAN

No. 96 C 4302.

980 F.Supp. 935 (1997)

Jacqueline MILNER, and Kurt R. Johnson, Individually and on behalf of all others similarly situated, Plaintiffs, v. John J. CALLAHAN, Acting Commissioner of Social Security, Defendant.

United States District Court, N.D. Illinois, Eastern Division.

July 21, 1997.

Attorney(s) appearing for the Case

Mark Joseph Heyrman, Mandel Legal Aid Clinic, Chicago, IL, for Plaintiffs.

Joseph M. Ferguson, U.S. Attorney's Office, Chicago, IL, for Defendant.

MEMORANDUM AND ORDER

MORAN, Senior District Judge.

Plaintiffs Jaqueline Milner and Kurt Johnson are individuals who have been confined to an Illinois state mental health institution after having been found not guilty of a felony by reason of insanity. Upon their confinement, plaintiffs' social security benefits were suspended pursuant to 42 U.S.C. § 402(x)(1)(A)(ii)(II), which forbids payment to any individual who is currently "confined

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