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EVERHART v. BOWEN

No. 87-1839.

853 F.2d 1532 (1988)

Sandra EVERHART, Thomas Everhart, and Myron Zenick, on behalf of themselves and all others similarly situated, Plaintiffs-Appellees, Berline Wise and Emil S. Zweizen, Plaintiffs-Intervenors-Appellees, v. Otis R. BOWEN, M.D., Secretary of Health and Human Services, and Dorcas Hardy, Commissioner of the Social Security Administration in their official capacities, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

August 12, 1988.

Attorney(s) appearing for the Case

Michael Kimmel (Richard K. Willard, Asst. Atty. Gen., Washington, D.C., Robert N. Miller, U.S. Atty., Denver, Colo., and William Kanter with him on the brief), Dept. of Justice, Washington, D.C., for defendants-appellants.

Linda J. Olson (Daniel M. Taubman, Colorado Coalition of Legal Services Programs, Denver, Colo., and R. Eric Solem with her on the brief), Legal Aid Society of Metropolitan Denver, Denver, Colo., for plaintiffs-appellees.

Before HOLLOWAY, Chief Judge, TIMBERS and BALDOCK, Circuit Judges.

BALDOCK, Circuit Judge.

The primary issue presented in this appeal concerns the methodology employed by the Social Security Administration (SSA) to calculate net overpayments and underpayments of Title II and Title XVI Social Security benefits. Filed as a class action, plaintiffs-appellees' complaint sought declaratory and injunctive relief against defendants-appellants the Secretary of the Department of Health and Human Services (the Secretary) and the Commissioner...

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