Cervantez v. Sullivan

963 F.2d 229 37 Soc.Sec.Rep.Ser. 261 Jesse CERVANTEZ, on Behalf of himself and others similarly situated, Plaintiff-Appellee, v. Louis W. SULLIVAN, M.D., Secretary of the Department of Health and Human Services, Defendant-Appellant. No. 90-15056. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 3, 1990. Submission Vacated Oct. 11, 1990. Resubmitted May 16, 1991. Decided April 7, 1992. As Amended on Denial of Rehearing and Rehearing En Banc June 10, 1992. Deborah Ruth Kant, Deputy Atty. Gen., U.S. Dept. of Justice, Washington, D.C., for defendant-appellant. Gary F. Smith and Carole F. Grossman, Legal Services of Northern California, Inc., Woodland, Cal. and Gill Deford, Nat. Sr. Citizens Law Center, Los Angeles, Cal., for plaintiff-appellee. Before: BROWNING, GOODWIN and RYMER, Circuit Judges. JAMES R. BROWNING, Circuit Judge: 1 The Secretary of Health and Human Services calculates the income of Supplemental Security Income (SSI) claimants to determine their eligibility for benefits and the amount of these benefits. The SSI claimants in this class action are subject to state court garnishment orders, pursuant to which funds they would otherwise receive are…