In its January 28, 1992 order, the U.S. District Court for the District of Montana
invalidated the method used by VA and SSA to determine the class member's portion
of an augmented VA protected pension. Instead, SSA must ask VA to determine in each
case the portion of the VA benefit that is attributable to the class member and provide
that information to SSA. This means that cases SSA previously reviewed using earlier
Anderson instructions must be reviewed again. SI 00832.003 provides instructions for reviewing prior Anderson underpayment determinations under
the terms of the court order.
The January 1992 court order also held that SSA must treat veterans who are members
of SSI eligible couples on the same basis as other Anderson class members. Due to
an earlier decision of the Ninth Circuit Court of Appeals in Paxton v. Secretary (described
in SI 00830.316), members of eligible couples residing in the States of the Ninth Circuit only may
be entitled to relief. These regional instructions implement the decision of the court
regarding SSI eligible couples.
The District Court decision only changes the SSI policy and procedure for cases that
involve VA protected pensions (the subject of the Anderson suit). For the SSI policy
and procedure in the Ninth Circuit for cases involving other kinds of augmented VA
benefits, see SI 00830.316.