Velma Martin v. Louis W. Sullivan, M.D., Secretary

976 F.2d 582, 92 Daily Journal DAR 13622, 92 Cal. Daily Op. Serv. 8271, 1992 U.S. App. LEXIS 24739, 1992 WL 247588
CourtCourt of Appeals for the Ninth Circuit
DecidedOctober 5, 1992
Docket92-15137
StatusPublished
Cited by4 cases

This text of 976 F.2d 582 (Velma Martin v. Louis W. Sullivan, M.D., Secretary) 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.

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Velma Martin v. Louis W. Sullivan, M.D., Secretary, 976 F.2d 582, 92 Daily Journal DAR 13622, 92 Cal. Daily Op. Serv. 8271, 1992 U.S. App. LEXIS 24739, 1992 WL 247588 (9th Cir. 1992).

Opinions

CANBY, Circuit Judge:

Velma Martin, on behalf of herself and other Supplemental Security Income (SSI) claimants, contends that 20 C.F.R. § 416.-1123(b)(1) and 42 U.S.C. § 1383(b)(1)(B) violate their rights to equal protection. We disagree.

[583]*583BACKGROUND

As the widow of a former railroad employee, Martin became eligible to receive monthly survivor’s benefits from the Railroad Retirement Board (Board) in December 1978. In May 1985, the Board informed Martin that she had been overpaid during the first four years by $8,528.92. According to the Board, this overpayment stemmed from Martin’s failure to report additional income. Consequently, the Board informed Martin that her entire monthly benefit of $268.16 would be suspended for 34 months. This withholding reduced Martin’s monthly income to about $386, the amount she received in Social Security Retirement Benefits.

Martin petitioned the Board for a waiver of the repayment. Faulting Martin for the overpayment, the Board denied the petition. In January 1987, she applied to the Social Security Administration (SSA) for SSI benefits to supplement her Social Security Retirement Benefits. After determining that Martin’s income exceeded the maximum income permissible for SSI eligibility, the SSA denied her application. In computing Martin’s income, the SSA, acting in accordance with 20 C.F.R. § 416.1123(b)(1), counted the amounts withheld by the Board to recover overpayments.

After exhausting her administrative remedies, Martin brought this action in district court on behalf of herself and a circuit-wide class of plaintiffs. The complaint alleged that the regulation violated both the language and intent of Title XVI of the Social Security Act, 42 U.S.C. § 1381 et seq., and that it deprived the plaintiffs of equal protection. The district court initially enjoined the regulation on statutory grounds, and declined to address the equal protection claim.

We vacated the injunction and remanded for further proceedings in Martin v. Sullivan, 932 F.2d 1273 (9th Cir.) (amended opinion), cert. denied, — U.S. -, 112 S.Ct. 648, 116 L.Ed.2d 665 (1991) (Martin I). We held that income may be used to determine SSI eligibility even if the claimant has not actually received it. Id. at 1275-78. In addition, we rejected the plaintiffs’ argument that, because Congress limited the recovery rate of overpaid SSI benefits to 10 percent of the debtor’s monthly income, Congress also must have intended similarly to limit the extent to which withholding under other programs could affect the amount of SSI benefits received. Id. at 1278. Finally, we noted that the Secretary had a policy to permit reduced withholding, and that Martin had been offered that option. Id.

After unsuccessfully petitioning for cer-tiorari, the plaintiffs returned to district court to pursue their constitutional claim. They moved for summary judgment, and the Secretary filed a cross-motion for dismissal. The district court granted the motion to dismiss, and the plaintiffs appealed.

DISCUSSION

Congress enacted the SSI program to provide “a subsistence allowance, under federal standards, to the Nation’s needy aged, blind, and disabled.” Schweiker v. Wilson, 450 U.S. 221, 223, 101 S.Ct. 1074, 1077, 67 L.Ed.2d 186 (1981); see 42 U.S.C. §§ 1381-1383c. To be eligible for SSI benefits, a claimant’s income must not exceed certain levels. 42 U.S.C. § 1382(a). The Social Security Act defines the “income” of SSI claimants as including both “earned income” and “unearned income.” 42 U.S.C. § 1382a(a). Section 1382a(a)(l) lists the items constituting “earned income,” and section 1382a(a)(2), in defining “unearned income,” provides:

unearned income means all other income, including—
(B) any payments received as an annuity, pension, retirement, or disability benefit, including veterans’ compensation and pensions, workmen’s compensation payments, old-age, survivors, and disability insurance benefits, railroad retirement annuities and pensions, and unemployment insurance benefits.

The regulation central to this appeal provides that the funds listed in section [584]*5841382a(a)(2) as “unearned income” may be counted as follows:

(a) When we count unearned income. We count unearned income at the earliest of the following points: When you receive it or when it is credited to your account or set aside for your use. We determine your unearned income for each month ...
(b) Amount considered as income. We may include more or less of your unearned income than you actually receive.
(1) We include more than you actually receive where another benefit payment (such as a social security insurance benefit) (see § 416.1121) has been reduced to recover a previous overpayment. You are repaying a legal obligation through the withholding of portions of your benefit amount, and the amount of the debt reduction is also part of your unearned income. Exception: We do not include more than you actually receive if you received both SSI benefits and the other benefit at the time the overpayment of the other benefit occurred and the overpaid amount was included in figuring your SSI benefit at that time.

20 C.F.R. § 416.1123.

In contrast, the statutory provision dealing with recoupment of SSI overpayments generally limits withholding to an amount equal to 10 percent of the claimant’s income for that month. 42 U.S.C. § 1383(b)(1)(B). The statute, however, places no limit on the reduction of SSI benefits when a claimant is guilty of fraud, willful misrepresentation, or concealment of information. Id. The plaintiffs maintain that the interaction of the statutory provision with section 416.1123(b) results in an equal protection violation, because one group of overpaid SSI claimants (absent fraud) is guaranteed 90 percent of the SSI standard while the other overpaid claimants are not.

The principle of equal protection applies to the federal government through the due process clause of the Fifth Amendment. Bolling v. Sharpe, 347 U.S. 497, 498-500, 74 S.Ct. 693, 694-695, 98 L.Ed. 884 (1954).

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976 F.2d 582, 92 Daily Journal DAR 13622, 92 Cal. Daily Op. Serv. 8271, 1992 U.S. App. LEXIS 24739, 1992 WL 247588, Counsel Stack Legal Research, https://law.counselstack.com/opinion/velma-martin-v-louis-w-sullivan-md-secretary-ca9-1992.