McCauley v. Bowen

659 F. Supp. 292, 1986 U.S. Dist. LEXIS 18327, 17 Soc. Serv. Rev. 863
CourtDistrict Court, D. Kansas
DecidedOctober 30, 1986
DocketNo. 83-1514
StatusPublished
Cited by1 cases

This text of 659 F. Supp. 292 (McCauley v. Bowen) is published on Counsel Stack Legal Research, covering District Court, D. Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McCauley v. Bowen, 659 F. Supp. 292, 1986 U.S. Dist. LEXIS 18327, 17 Soc. Serv. Rev. 863 (D. Kan. 1986).

Opinion

MEMORANDUM AND ORDER

CROW, District Judge.

The case comes before the court on plaintiffs’ motion for certification of a class pursuant to Fed.R.Civ.P. 23, plaintiffs’ motion for summary judgment, and defendant’s motion to affirm the secretary’s decision. Plaintiffs had either their Supplemental Security Income benefits terminated or were denied them upon application because of the Social Security Administration’s decision that their residence at the “White House” rendered them ineligible.

Plaintiffs move to have the class include: The named plaintiffs and all participants in the Sedgwick County Department of Mental Health’s transitional living program who had Supplemental Security Income benefits denied or terminated based on a determination that they were inmates of a public institution while residing at a facility known as the “White House.”

Defendant objects to certification of any class which would include individuals who cannot satisfy the jurisdictional requirements of 42 U.S.C. § 405(g).

[294]*294Section 405(g) provides in relevant part:

Any individual, after any final decision of the Secretary made after a hearing to which he was a party, irrespective of the amount in controversy, may obtain a review of such decision by a civil action commenced within sixty days after the mailing to him of notice of such decision or within such further time as the Secretary may allow.

The final decision requirement is comprised of two elements. The first is jurisdictional and nonwaivable — a claim for benefits is presented to the Secretary. The second is waivable — the claiming party exhaust all administrative remedies before requesting judicial review. Heckler v. Day, 467 U.S. 104, 110 n. 14, 104 S.Ct. 2249, 2253 n. 14, 81 L.Ed.2d 88, 95 n. 14 (1984); Mathews v. Eldridge, 424 U.S. 319, 328, 96 S.Ct. 893, 899, 47 L.Ed.2d 18 (1976); Weinberger v. Salfi, 422 U.S. 749, 763-65, 95 S.Ct. 2457, 2465-66, 45 L.Ed.2d 522 (1975); Bartlett v. Schweiker, 719 F.2d 1059, 1060-61 (10th Cir.1983). In the present case, the Secretary argues the intended class members fail to meet both the jurisdictional and waivable requirements.

A. Presentation Requirement.

An application for benefits is sufficient to satisfy this requirement under 405(g). Mathews v. Eldrige, 424 U.S. at 329, 96 S.Ct. at 900; Johnson v. Heckler, 769 F.2d 1202, 1208 (7th Cir.1985), appeal pending, — U.S. —. (“[T]hey ... have given the Secretary an opportunity to rule on concrete ‘claims’____”) See also Heckler v. Ringer, 466 U.S. 602, 104 S.Ct. 2013, 80 L.Ed.2d 622 (1984). Where the claimant’s benefits have been terminated, the claimant must present the claim that his benefits should not be terminated. Mathews, 424 U.S. at 329, 96 S.Ct. at 900. (A claim was presented by answering a state agency questionnaire and by responding by letter to the tentative determination that claimant’s disability had ceased.) Claimants must question the initial determination that they cease to be disabled. Heckler v. Lopez, 463 U.S. 1328, 1334-35, 104 S.Ct. 10, 14, 77 L.Ed.2d 1431 (Rehnquist, Cir.J. granting a stay), motion to vacate stay denied 464 U.S. 879, 104 S.Ct. 221, 78 L.Ed.2d 217 (1983). See Wheeler v. Heckler, 719 F.2d 595 (2d Cir.1983) (Presentment requirement not met where terminated recipient fails to initiate even informal communications with the Secretary.)

Plaintiffs have drafted the 'class to include members who have failed to meet the jurisdictional requirement of presenting a claim. For purposes of addressing the other class certification requirements, the court redefines the proposed class to include those who have had their benefits terminated and thereafter have presented a claim for benefits or have attempted to have their termination reconsidered, as well as those persons who were denied benefits upon initial application.

B. Exhaustion of Administrative Remedies.

Before seeking judicial review, a claimant must pursue fully the administrative remedies prescribed by the Secretary. Ringer, 466 U.S. at 617, 104 S.Ct. at 2022. “Exhaustion is generally required as a matter of preventing premature interference with agency processes, so that the agency may function efficiently and so that it may have an opportunity to correct its own errors____” Weinberger v. Salfi, 422 U.S. at 765, 95 S.Ct. at 2467.

The exhaustion requirement is waivable either in the discretion of the Secretary or where the court may infer such a waiver. Bowen v. City of New York, 476 U.S. -, 106 S.Ct. 2022, 90 L.Ed.2d 462 (1986); Reed v. Heckler, 756 F.2d at 783; see Mathews v. Eldridge, 424 U.S. at 330, 96 S.Ct. at 900. If satisfied that no further review is necessary because the agency’s internal needs are met or because the relief demanded is beyond his authority, the Secretary may waive this requirement. Bartlett, 719 F.2d at 1061. The court may infer waiver “where a claimant’s interest in having a particular issue resolved promptly is so great that deference to the' agency’s judgment is inappropriate.” Eldridge, 424 U.S. at 330, 96 S.Ct. at 900.

[295]*295The Supreme Court recently identified the two factors in Eldridge which influenced the court in not deferring to the agency’s determination of finality:

First, the constitutional challenge brought there was “entirely collateral to [a] substantive claim of entitlement.” Ibid Second, the claim rested on the proposition that full relief cannot be obtained at a postdeprivation hearing.” Id., at 331, 47 L.Ed.2d 18, 96 S.Ct. 853.

Bowen v. City of New York, 476 U.S. at -, 106 S.Ct. at 2031, 90 L.Ed.2d at 477. From the discussions and holdings in Bowen v. City of New York, 476 U.S. at -, 106 S.Ct. at 2031-2033, 90 L.Ed.2d at 476-79, and Reed v. Heckler, 756 F.2d 779, 783-85 (10th Cir.1985), the court infers a waiver of the exhaustion requirement as to the purported class.

The Rule 23 prerequisites to a class action, as often stated, are numerosity, commonality, typicality, and adequacy of representation. Aguinaga v. John Morrell & Co., 602 F.Supp. 1270, 1278 (D.Kan.1985). The court finds that the proposed class, as amended by this court to meet the presentation requirement, does not satisfy the numerosity prerequisite.

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

Related

Olenhouse v. Commodity Credit Corp.
136 F.R.D. 672 (D. Kansas, 1991)

Cite This Page — Counsel Stack

Bluebook (online)
659 F. Supp. 292, 1986 U.S. Dist. LEXIS 18327, 17 Soc. Serv. Rev. 863, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccauley-v-bowen-ksd-1986.