Jones

I. Overview

Plaintiffs are a class of Supplemental Security Income (“SSI”) recipients. Each member of the class received nonrecurring (onetime) 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 first, second, and third months of SSI eligibility. Plaintiffs contend that this policy violates the Supplemental Security Income for Aged, Blind, and Disabled Act, 42 U.S.C. § 1382 (c)(2) (the “Act”). The Secretary contends that her policy is consistent with the Act.

The district court certified the class, denied plaintiffs’ motion for summary judgment, and granted the Secretary’s cross-motion for summary judgment. Plaintiffs timely appeal the district court’s summary judgment order in favor of the Secretary. 1 We have jurisdiction under 28 U.S.C. § 1291 . We reverse.

II. Background

Named plaintiff Mark Jones is a recipient of SSL Jones first became eligible for SSI benefits in March 1989, lost his eligibility in June 1991, when he was incarcerated, and became eligible again in…

dissenting:

The majority opinion offers a method of applying the statute that cannot be called wrong. Indeed, it is more fair to aid recipients than the method used by the Secretary. However, in the face of the inherently spongy phrase, “other relevant circumstances,” the majority reaches its conclusion by dubbing the statute clear and unambiguous. That result is reached by considering only one of Congress’ often competing intents— providing for the needy. Practically speaking, the opinion overlooks Congress’ other intentions, viz., avoiding dissipation of funds through fraud, neglect or abuse, see Martin v. Sullivan, 932 F.2d 1273, 1278 (9th Cir.1990), ce rt. denied, — U.S. —, 112 S.Ct. 648 , 116 L.Ed.2d 666 (1991); and simplification of administration, see Farley v. Sullivan, 983 F.2d 405, 409-10 (2d Cir.1993). It also brushes aside the fact that Congress has designated specific payments that are to be deducted only once. In short, the majority opinion elides the compromises which pervade the legislation and make it somewhat indeterminate. Those kinds of compromises allow legislation to get enacted. They also put off resolution of some difficult issues to another place, another…