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ACTION ALLIANCE OF SENIOR CITIZENS v. SEBELIUS

No. 09-5191.

607 F.3d 860 (2010)

ACTION ALLIANCE OF SENIOR CITIZENS, et al., Appellants, v. Kathleen SEBELIUS, Secretary, Department of Health and Human Services and Michael J. Astrue, Commissioner of the Social Security Administration, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided June 18, 2010.

Attorney(s) appearing for the Case

Gill Deford argued the cause for appellants. With him on the briefs were Judith Stein, Brad S. Plebani, Wey-Wey Kwok, Vicki Gottlich, and Patricia B. Nemore.

Daniel Tenny, Attorney, U.S. Department of Justice, argued the cause for appellees. With him on the brief were Tony West, Assistant Attorney General, Channing D. Phillips, Acting United States Attorney, Mark B. Stern and Alisa B. Klein, Attorneys, David S. Cade, Acting General Counsel, U.S. Department of Health & Human Services, Janice L. Hoffman, Associate General Counsel, Mark D. Polston, Deputy Associate General Counsel, Lawrence J. Harder and Marcus H. Christ, Supervisory Trial Attorneys, David Black, General Counsel, Social Security Administration, Thomas Crawley, Deputy General Counsel, Gwenda Jones Kelley, Associate General Counsel, Jeff Blair, Deputy General Counsel, and Eileen Farmer, Attorney.

Opinion for the Court filed by Circuit Judge KAVANAUGH.

KAVANAUGH, Circuit Judge:

Sometimes the Government mistakenly sends too much money to beneficiaries of federal benefits programs. When that happens, the Government naturally attempts to recover the money. But what if a beneficiary already spent the money or otherwise would have difficulty paying the Government back? Some benefits statutes — such as the Social Security statute — allow beneficiaries to obtain...

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