Jones v. Shalala

64 F.3d 510 33 Fed.R.Serv.3d 476 , 48 Soc.Sec.Rep.Ser. 816, 95 Cal. Daily Op. Serv. 6740 , 95 Daily Journal D.A.R. 11 ,591 Mark JONES, individually and on behalf of all similarly situated persons; Orlando Corona, individually and on behalf of all similarly situated persons, Plaintiffs-Appellants, v. Donna E. SHALALA, Secretary of the U.S. Department of Health and Human Services; Shirley Chater, Commissioner of the Social Security Administration, Defendants-Appellees. No. 94-16865. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 8, 1995. Decided Aug. 25, 1995. Curtis L. Child, Legal Services of Northern California, Inc., Sacramento, CA, for plaintiffs-appellants. Edmund 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: CUMMINGS * , SCHROEDER and RYMER, Circuit Judges. SCHROEDER, Circuit Judge: 1 This is the second appeal in this class action suit. In Jones v. Shalala ("Jones I"), 5 F.3d 447 (9th Cir.1993), we invalidated the formula used by the Secretary of Health and Human Services (the "Secretary") for determining a Supplemental Security…