Harris

MEMORANDUM DECISION

This opinion addresses certain objections of the Secretary of the Department of Health and Human Resources to the magistrate’s proposed findings and order regarding class certification in the above entitled action. The Secretary objects to two of the magistrate’s determinations. First, she contends that the magistrate erred in finding that the court had jurisdiction over this action under both the Social Security Act, and under 28 U.S.C. § 1361 . The Secretary argues that the Act is an exclusive avenue for relief from denials of supplemental security income. Second, the Secretary contests the scope of the class as defined by the magistrate’s proposal. The named plaintiff, Katherine Kennedy, on the other hand contends that alternative jurisdiction under section 1361 has been approved by the Ninth Circuit, and that a more limited definition of the class in this case would be fruitless since the Secretary’s intentions with regard to the challenged policy are clear. Upon consideration of the memoran-da filed by the parties and the issues raised at oral argument, and for the reasons set forth below, the court hereby denies the defendant’s motion to alter the…