[DOWNLOAD] "Reed v. Bowen" by United States Court of Appeals for the Tenth Circuit " Book PDF Kindle ePub Free

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eBook details

• Title: Reed v. Bowen
• Author : United States Court of Appeals for the Tenth Circuit
• Release Date : January 15, 1988
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 58 KB

Description

ANDERSON, Circuit Judge. This case is before us a second time contesting the district court's denial of class certification. In the underlying action certain named plaintiffs challenged a social security administration (""SSA"") program which collects overpayments of supplemental security income (""SSI"") benefits by withholding current old age, survivors and disability insurance (""OASDI"") benefits. The district court initially concluded that the plaintiffs had not exhausted their administrative remedies and dismissed the action for lack of subject matter jurisdiction. Presumably because of that conclusion the district court also denied the plaintiffs' attempt to have the case certified as a class action encompassing all similarly affected OASDI recipients in the State of Colorado. On appeal from those rulings we held that the district court did have subject matter jurisdiction over the individual claims, and that a denial of class certification on subject matter jurisdiction grounds was erroneous. Reed v. Heckler, 756 F.2d 779 (10th Cir. 1985) (""Reed I""). We also held that the issue of class certification was not mooted by the fact that all of the named plaintiffs' claims had been resolved, leaving them with no further personal financial stake in the lawsuit. Id. at 787. See United States Parole Comm'n v. Geraghty, 445 U.S. 388, 63 L. Ed. 2d 479, 100 S. Ct. 1202 (1980). The issue of class certification was, therefore, remanded to the district court for reconsideration.

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