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NEWMAN v. APFEL

No. 98-56397.

223 F.3d 937 (2000)

Juanita NEWMAN, on behalf of herself and all others similarly situated, Plaintiff-Appellant, v. Kenneth APFEL, Commissioner of the Social Security Administration, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 2, 2000.

Attorney(s) appearing for the Case

Gerald A. McIntyre (argued) and Herbert Semmel, National Senior Citizens Law Center, Los Angeles California, for the plaintiff-appellant.

Frank W. Hunger, Assistant Attorney General, Nora Manella, U.S. Attorney, William Kanter, and Frank A. Rosenfeld (argued), Washington, D.C., for the appellee.

Before: REINHARDT and O'SCANNLAIN, Circuit Judges, and SCHWARZER, Senior District Judge.

Opinion by Judge O'SCANNLAIN; Dissent by Judge REINHARDT.

O'SCANNLAIN, Circuit Judge:

We must decide what discretion the Commissioner of Social Security possesses to make adjustments in Supplemental Security Income benefits based on changes in a recipient's monthly income.

I

The Supplemental Security Income ("SSI") program, provided for at 42 U.S.C. § 1381 et seq., provides cash payments to aged, blind, and disabled Americans for the...

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