Evelyn Hart v. Otis R. Bowen, Secretary of Health and Human Services

799 F.2d 567, 1986 U.S. App. LEXIS 30214, 14 Soc. Serv. Rev. 438
CourtCourt of Appeals for the Ninth Circuit
DecidedSeptember 11, 1986
Docket85-4213
StatusPublished
Cited by6 cases

This text of 799 F.2d 567 (Evelyn Hart v. Otis R. Bowen, Secretary of Health and Human Services) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Evelyn Hart v. Otis R. Bowen, Secretary of Health and Human Services, 799 F.2d 567, 1986 U.S. App. LEXIS 30214, 14 Soc. Serv. Rev. 438 (9th Cir. 1986).

Opinion

OPINION

TANG, Circuit Judge:

Evelyn Hart appeals from the judgment of the district court finding her ineligible for Supplemental Security Income (SSI) benefits. Under the Home Reinvestment Regulation, SSI recipients are able to sell their homes without jeopardizing their SSI eligibility if, within three months of receipt, they reinvest the proceeds from the sale into a replacement home. The Secretary found Hart’s installment sales contract was a “proceed[ ]” from the sale of her former home with a cash value of $4,800, which was not reinvested within three months of receipt, and thus was not excludable under the Home Reinvestment Regulation, 20 C.F.R. § 416.1212(d) (1986). Hart argues that this interpretation of the Home Reinvestment Regulation is inconsistent with the plain meaning of the Home Exclusion Rule, 42 U.S.C. § 1382b(a)(l), and the legislative intent behind the SSI program. We agree.

FACTS

Evelyn Hart is an 84-year old social security recipient who lives in her small home. At the time of the administrative hearing on this matter, she had no money in savings, but retained approximately $200 in her checking account.

On April 12, 1979, Mrs. Hart entered into a real estate contract for the sale of her former home. The total sale price of the former home was $15,000. The contract governing the transaction required a $2,000 down payment and payment of the remainder in monthly installments of $128.

One month later, on May 24, 1979, Hart entered into an agreement to purchase the one-story replacement home in which she currently lives. Mrs. Hart purchased this home for $15,000. The contract required a $3,500 down payment and payment of the remainder of the sale price in $125 monthly installment payments. She owns no other real property.

Mrs. Hart reinvested the down payment she received from the sale of her former home into the down payment on the purchase of her replacement home. Each month, Hart reinvests the $128 sale proceeds from her former home into the $125 monthly purchase payments for her replacement home.

The Secretary terminated Hart’s SSI benefits when she moved into her replacement home in 1979. Hart did not appeal this determination. Instead, Hart reapplied for SSI benefits on April 12, 1983. The Secretary denied Hart’s application that same day for the same reason she was terminat *569 ed in 1979: the real estate installment contract from the sale of her former home constituted an excess resource. The Secretary determined that the contract, with a face value of $13,000, had a current market value of $4,800. On May 18, 1983, Hart filed a request for reconsideration. On August 10, the denial was affirmed. Hart then requested a hearing before an administrative law judge.

On November 14, 1983, a hearing was held before an administrative law judge in Seattle, Washington. In a decision issued on December 23, 1983, the administrative law judge found that the real estate contract held by Hart was an excess resource and upheld the Secretary’s denial of Hart’s application for SSI benefits. On February 20, 1984, Hart requested appeals council review of the decision. On April 13, 1984, the appeals council denied her request for review. Upon exhaustion of her administrative remedies, Hart filed a complaint in United States District Court. A hearing was held before a United States Magistrate. On August 23, 1985, the district court adopted the recommendation of the Magistrate and entered judgment affirming the final decision of the Secretary. Hart timely appeals.

DISCUSSION

An agency’s interpretation of its own regulations is entitled to considerable deference by the courts, unless the interpretation is unreasonable. See, e.g., United States v. Larionoff, 431 U.S. 864, 872, 97 S.Ct. 2150, 2155, 53 L.Ed.2d 48 (1977); Sierra Club v. Clark, 756 F.2d 686, 690 (9th Cir.1985); McCoog v. Hegstrom, 690 F.2d 1280, 1284 (9th Cir.1982). The inquiry into the reasonableness of the interpretation must involve an examination of the legislative intent behind the authorizing statute. See Deukmejian v. United States Postal Service, 734 F.2d 460, 462 (9th Cir.1984) (per curiam) (quoting McCoog, 690 F.2d at 1284).

The SSI program is intended to provide financial assistance to “needy people” who are blind, disabled, or sixty-five years of age or older. H.R.Rep. No. 231, 92d Cong., 2d Sess., reprinted in 1972 U.S. Code Cong. & Ad.News 4989, 5012; see 42 U.S.C. § 1381. Individuals without eligible spouses who applied for SSI benefits before January 1, 1985, are ineligible if they have nonexcludable resources in excess of $1,500. 42 U.S.C. § 1382(a)(1)(B)(ii) and (3)(B) (1983 & Supp.1986); 20 C.F.R. § 416.1205(a) (1986). The Social Security Act’s Home Exclusion Rule, 42 U.S.C. § 1382b(a)(1) (1983), specifically allows needy people to receive SSI benefits and maintain a home. Congress reinforced this policy preference in 1976, when it amended the rule to eliminate the Secretary’s discretion to limit the value of an excludable home. See Social Security Act, Pub.L. No. 94-569, § 1613(a)(1), 90 Stat. 2699, 2700 (1976) (amending 42 U.S.C. § 1382b(a)(1)); 20 C.F.R. § 416.1212(b) (“We do not count a home regardless of its value.”). As Representative Harris stated in support of the amendment, “I think it ought to be [Congress’] policy to encourage people to try to retain their family home. We should not deny assistance to those in need who are otherwise eligible for SSI merely because they managed to obtain a home.” 122 Cong.Rec. 27845 (1976).

The Home Reinvestment Regulation, 20 C.F.R. § 416.1212(d) (1986), further implements Congressional intent by allowing an otherwise qualified SSI applicant or recipient to maintain a home in the event he or she needs to replace a former home. Thus, the regulation is facially valid. See Yuckert v. Heckler, 774 F.2d 1365, 1369-70 (9th Cir.1986), cert. granted, — U.S. -, 106 S.Ct. 1967, 90 L.Ed.2d 652 (1986).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
799 F.2d 567, 1986 U.S. App. LEXIS 30214, 14 Soc. Serv. Rev. 438, Counsel Stack Legal Research, https://law.counselstack.com/opinion/evelyn-hart-v-otis-r-bowen-secretary-of-health-and-human-services-ca9-1986.