Newman

In this case we must decide whether 42 U.S.C. § 1382 (c) requires the Commissioner of Social Security to promulgate a regulation that would establish the circumstances under which “reliable information ... currently available” would be used to make Supplemental Security Income (“SSI”) benefit adjustments in the current month rather than in a subsequent month. § 1382(c)(4)(A) and (B). We conclude that the Commissioner must promulgate such a regulation. Until the regulation is final, we decline to reach the issues pertaining to what that regulation should contain. The decision of the district court is affirmed in part and vacated in part.

BACKGROUND

Juanita Newman is a disabled mother whose sole sources of income since 1983 have been SSI and Social Security Mother’s Benefits under the Title II program (“Title II benefits”). Newman’s Title II benefits were terminated at the end of July 1987 because her daughter became 16 years old that month. The Commissioner thereafter informed Newman that her SSI benefits would be increased, but that the increase would not become effective until October 1987. Newman thus lost benefits for two months even though her impending loss of Title II…