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MILNER v. APFEL

No. 97-3156.

148 F.3d 812 (1998)

Jacqueline MILNER and Kurt R. Johnson, individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. Kenneth S. APFEL, Commissioner of Social Security, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided June 30, 1998.

Attorney(s) appearing for the Case

Mark J. Heyrman, Kristin Taylor, Law Student (argued), Mandel Legal Aid Clinic, Chicago, IL, for Plaintiffs-Appellants.

Thomas P. Walsh, Office of the United States Attorney, Civil Division, Donna L. Calvert (argued), Social Security Administration, Office of the General Counsel, Region V, Chicago, IL, for Defendant-Appellee.

Before POSNER, Chief Judge, and CUMMINGS and RIPPLE, Circuit Judges.

POSNER, Chief Judge.

The named plaintiffs in this class action, Milner and Johnson, applied for and were granted social security disability benefits because of their insanity. Later the two were prosecuted in an Illinois state court for murders which they had committed, were acquitted by reason of their insanity, and were ordered confined indefinitely (up to the limit of the maximum sentences they might have received had they been convicted, 730 ILCS 5/5-2-4) in an...

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