Chater

Department of Health & Human Services v. Chater

Good Law
163 F.3d 1129·98 Daily Journal DAR 12934·1998 WL 887055·1998 U.S. App. LEXIS 31681·98 Cal. Daily Op. Serv. 9258
United States Court of Appeals for the Ninth CircuitDecember 22, 1998No. 96-36259California3,493 words

Opinion

Lead Opinion

Stagg, J.

The Commissioner of Social Security Administration denied applications for disability benefits submitted by children residing in group homes for juvenile rehabilitation. The Washington State Department of Social and Health Services appealed denials on behalf of disabled children who reside in: (1) privately owned and operated group homes and (2) publicly operated group homes serving sixteen or fewer residents. A Social Security Administrative Law Judge upheld the denial of benefits. The Department of Social and Health Services filed suit in district court, and cross motions for summary judgment were filed by the parties. The district court granted the Commissioner of Social Security Administration’s motion for summary judgment and dismissed the case, upholding the Administrative Law Judge’s determination. We affirm.

I. BACKGROUND

A. Facts.

Juvenile offenders are children under the age of 18 who have been found by a juvenile court to have committed acts which would be violations or crimes if committed by an adult. See Wash. Rev.Code § 13.40.020(14), (15), & (20). When a term of confinement of more than 30 days is imposed upon the juvenile as a result of his offense, the juvenile…

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