Resource Bank

Garnes v. Barnhart, 352 F.Supp.2d 1059 (N.D. Cal. 2004)

Categories
Resource Type
Court and Agency Decisions and Orders  
Description
Federal district court decision. District court was not required to defer to SSA Commissioner's interpretation of ?fleeing felon? statute, despite statute's failure to define that phrase; The agency?s implementing regulation did not implicate an area of special agency expertise, and SSA?s interpretation, that the mere issuance of a warrant sufficed regardless of the absence of any showing of intent, nullified the regulation's plain language requiring "an appropriate finding that the individual is fleeing, or has fled, to avoid prosecution".  
File
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Published
2004-November-05