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CERVANTEZ v. SULLIVAN

No. CIV. S-89-529 LKK/EM.

719 F.Supp. 899 (1989)

Jesse CERVANTEZ, on behalf of himself and all others similarly situated, Plaintiffs, v. Louis SULLIVAN, Secretary of the Department of Health and Human Services, Defendants.

United States District Court, E.D. California.

August 8, 1989.

Attorney(s) appearing for the Case

Gary F. Smith, Carole F. Grossman, Legal Services of N. Cal., Woodland, Cal., Jeanette L. Smith, Legal Center for the Elderly & Disabled, Sacramento, Cal., Gil Deford, Peter Komlos-Hrobsky, National Sr. Citizens Law Center, Los Angeles, Cal., for plaintiffs.

Stuart E. Schiffer, Acting Asst. Atty. Gen., Sheila Lieber, Margot de Ferranti, U.S. Dept. of Justice, Federal Programs Branch, Civ. Div., Washington, D.C., for defendants.

ORDER

KARLTON, Chief Judge.

This action for declaratory and injunctive relief challenges the validity of 20 C.F.R. § 416.1123(b)(2). Under that regulation, the Department of Health and Human Services counts as income, money that has been garnished from Supplemental Security Income ("SSI") applicants or recipients, when calculating entitlement to SSI benefits under Title XVI of the Social Security Act, 42 U.S.C.A. §§ 1381-1383c.

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