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DEPARTMENT OF HEALTH & HUMAN SERVICES v. CHATER

No. 96-36259.

163 F.3d 1129 (1998)

DEPARTMENT OF HEALTH & HUMAN SERVICES, State of Washington, individually and as real party in interest and custodian, and on behalf of; Daniel Belknap; Mark Blanton; Katrina Crawford; Dwight Hammond; Stephen Lopez; Adam Mcgrew; Brian Reece; Derrick Simpson, and other similarly-situated juvenile offenders denied SSI because they reside in group homes; Shawn M. Hankins; Roger A. Lemieux, Plaintiffs-Appellants, v. Shirley S. CHATER, Commissioner, Social Security Administration, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided December 22, 1998.

Attorney(s) appearing for the Case

Michele Besso, Assistant Attorney General, Olympia, Washington, for the plaintiffs-appellants.

Matthew Collette, United States Department of Justice, Washington, D.C., for the defendant-appellee.

Before: DAVID R. THOMPSON, A. WALLACE TASHIMA, Circuit Judges, and TOM STAGG, District Judge

STAGG, District Judge:

The Commissioner of Social Security Administration denied applications for disability benefits submitted by children residing in group homes for juvenile rehabilitation. The Washington State Department of Social and Health Services appealed denials on behalf of disabled children who reside in: (1) privately owned and operated group homes and (2) publicly operated group homes serving sixteen or fewer residents. A Social Security Administrative...

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