Herron

OPINION AND ORDER

This suit presents a challenge to certain “staff instructions” contained in the claims manual of the Social Security Administration (“SSA”), which instructions limit the type of property that may be disregarded in determining an applicant’s eligibility for Supplemental Security Income (“SSI”) benefits. Plaintiff is a former SSI beneficiary whose benefits were terminated because the value of her property exceeded a limitation prescribed in the claims manual. She seeks to represent a nationwide class of past, present, and future SSI beneficiaries similarly situated. Defendants are the Department of Health and Human Services (“HHS”) and its Secretary. Now pending before the Court are plaintiff’s motion for class certification and the parties’ cross-motions for summary judgment. For the reasons set forth below, the Court denies plaintiff’s motion for class certification, denies defendants’ motion for summary judgment, and grants plaintiff’s motion (individually) for summary judgment.

I

Plaintiff is an eighty-one year old woman who, in March, 1980, was receiving SSI benefits and living in her own home. On March 12, 1980, she was forced to move to a board and care…