Earle E. Benton for Laurie Ann Benton v. Otis R. Bowen, Secretary of Health and Human Services

820 F.2d 85, 1987 U.S. App. LEXIS 6916, 18 Soc. Serv. Rev. 15
CourtCourt of Appeals for the Third Circuit
DecidedJune 2, 1987
Docket86-1460
StatusPublished
Cited by22 cases

This text of 820 F.2d 85 (Earle E. Benton for Laurie Ann Benton v. Otis R. Bowen, Secretary of Health and Human Services) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Earle E. Benton for Laurie Ann Benton v. Otis R. Bowen, Secretary of Health and Human Services, 820 F.2d 85, 1987 U.S. App. LEXIS 6916, 18 Soc. Serv. Rev. 15 (3d Cir. 1987).

Opinions

OPINION OF THE COURT

RODRIGUEZ, District Judge:

This is an appeal from an order of the United States District Court for the Eastern District of Pennsylvania which affirmed a final decision of the Secretary of Health and Human Services (“the Secretary”) that appellant, who is mentally retarded, was unable to form an intent to reside in New York and was therefore not voluntarily living there. Consequently, appellant was not eligible to receive New York’s State Supplementary Payments (“SSP”) to appellant’s Supplemental Security Income (“SSI”) payments. Because this court finds that the Secretary’s determination was not based upon substantial evidence, we now reverse.

I

Appellant, Laurie Ann Benton, is 28 years old and has been mentally retarded since birth. In 1965 at age 6 she was enrolled as a resident in the Camphill Special School in Glenmore, Pennsylvania where she lived for twelve years. After graduating from that school she moved into a private group home and was enrolled for three years in the Liberty Forge School in Chester County, Pennsylvania. During this time, Laurie underwent a trial period at the Camphill Adult Village in Kimberton, Pennsylvania, a principally agricultural community. According to Laurie’s parents, “She made it evident ... that this was not the life that was attractive to her.” Record at 167. In December, 1980 Laurie moved into the Camphill Adult Village in Copake, New York, a craft community.1 She has lived and worked in that community since that time.2

Since moving to New York, Laurie has visited her parents at their home in Pennsylvania twice annually — for approximately ten days both in the summer and at Thanksgiving. Record at 40. According to her father, “She’s always glad to come home but after about ... a week or so [87]*87she’s quite anxious to get back to her peers and to her family up at Copake.” Record at 50.

Laurie was interviewed by representatives of New York’s Mental Health Information Service in 1981, 1982 and 1984 and each time was determined to show a satisfactory understanding, acceptance and willingess to remain as a voluntary resident of the Camphill Village at Copake. Record at 163. Ms. Aase J. Collins, an Associate Director of the Village and her colleague, Mrs. Mary Sorrels, stated that “It is the experience of those who live and work with Laurie Benton that she is happy in the Village and intends to remain here indefinitely.” Record at 163.

Dr. Milton Brutten, a clinical psychologist who had examined Laurie when she was a child, examined her again in November, 1984 and stated that “she expresses her clear cut intent to remain [at Copake] by her actions and responses to questioning---- [S]he expresses not only an implied intent but an expressed desire to remain in her present setting____” Record at 166. In Laurie’s own words, as reported by Dr. Brutten, “I like to live up there, it’s fun.” Record at 165. Dr. Brutten noted that Laurie achieved an I.Q. score of 46 and that, allowing for the “standard error of the measure” of plus or minus five points, Laurie’s “real” I.Q. score lay in the range of 41 to 51. Record at 164. Kate Meinecke, an Associate Director of Camp-hill Village, had previously written to Laurie’s father, informing him that Laurie’s I.Q. was 33/34. Record at 11.

Laurie Benton applied for SSI benefits on June 28, 1983.3 The AU found that because New York had not determined Laurie to be a resident of a different state, she was therefore a resident of New York. Record at 27.4 The Appeals Council decided on its own motion to review the AU’s decision.5

The Council pointed out that the Secretary’s agreement with New York had recently been revised to provide that an individual was a resident of New York if he was “voluntarily living in the State for purposes of making it his home.” Record at 20. The Council thus concluded that 42 C.F.R. § 435.403 need not be considered,6 and that “the Appeals Council must restrict itself to the narrow question of whether Laurie Benton is voluntarily living in the State of New York____” Record at 20, 22.

The Council acknowledged that “The evidence is undisputed as to the suitability of Camphill Village for Laurie and her desire to remain in these surroundings. She clearly has the capacity to make known her happiness or unhappiness with the institutional facilities in which she is placed, as evidenced by her rejection of the Camphill [88]*88Adult Village in Kimberton, Pennsylvania [reference to exhibit omitted].” Record at 22. The Council referred to Dr. Brutten’s report, and to the fact that Laurie had signed voluntary admission forms to become and to remain a resident of Copake. Record at 23. Nevertheless, the Council opined that “this evidence does not establish a capacity to establish legal residence and to comprehend and carry out the legal obligations that accompany such a choice.” Id. (emphasis in original). It went on to state:

The evidence most relevant to the issue before the Council is that which shows that Laurie has an I.Q. of either 33/34 or 46 (an unexplained discrepancy) and that she was placed in New York not by her own initiative and effort, but by her parents. Even the voluntary admission form that she “signed” states on its face that she cannot leave the facility without the permission of the Director, who may if he deems it necessary seek a court order to prevent her from doing so. Clearly, if she is not considered capable of making even the decision to leave the facility, then she is even less capable of choosing a legal residence. “Intent” implies the ability to effectuate the goal. Laurie would be incapable, in the Council’s opinion, to arrange for her admittance or continuing stay at Camphill Village or anywhere else. That decision is made for her, albeit her happiness and security are considered.

Id. (emphasis in original).7

Based on this analysis, the Appeals Council reversed the ALJ8 and determined that Laurie was a resident of Pennsylvania, and not of New York.9

The district court affirmed the Appeals Council's decision, stating that “although in this case there is evidence upon which the Secretary might properly have reached a different decision, the decision rendered was supported by substantial evidence.” Record at 9.

II

This court has jurisdiction to review the decision of the district court pursuant to 28 U.S.C. § 1291 (1982). Our review of agency factual findings is limited to determining whether those findings are supported by substantial evidence. See Richardson v. Perales, 402 U.S. 389, 91 S.Ct. 1420, 28 L.Ed.2d 842 (1971). Substantial evidence means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. Id. at 401, 91 S.Ct. at 1427; Cotter v. Harris, 642 F.2d 700, 704 (3d Cir.1981).

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Bluebook (online)
820 F.2d 85, 1987 U.S. App. LEXIS 6916, 18 Soc. Serv. Rev. 15, Counsel Stack Legal Research, https://law.counselstack.com/opinion/earle-e-benton-for-laurie-ann-benton-v-otis-r-bowen-secretary-of-health-ca3-1987.