Jones v. Shalala

5 F.3d 447 42 Soc.Sec.Rep.Ser. 292 Mark JONES, Ira B. Johnson, Orlando Corona, individually and on behalf of all similarly situated persons, Plaintiffs-Appellants, v. Donna W. SHALALA, M.D. * , Secretary of Health and Human Services and Gwendolyn King, Commissioner of the Social Security Administration, Defendants-Appellees. No. 93-15180. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 31, 1993. Decided Sept. 23, 1993. Curtis L. Child, Legal Service of Northern California, Sacramento, CA, for plaintiffs-appellants. Edward F. Brennan, Asst. U.S. Atty., Sacramento, CA, for defendants-appellees. Appeal from the United States District Court for the Eastern District of California. Before: REAVLEY ** , PREGERSON, and FERNANDEZ, Circuit Judges. PREGERSON, Circuit Judge: I. Overview 1 Plaintiffs are a class of Supplemental Security Income ("SSI") recipients. Each member of the class received nonrecurring (one-time) income during the first month of SSI eligibility. Under a policy established by the Secretary of Health and Human Services (the "Secretary"), the amount of plaintiffs' nonrecurring income in the first month was used to reduce the benefit payments in the…