USHER v. SCHWEIKER

No. 81-1181.

666 F.2d 652 (1981)

Delma USHER, et al., Plaintiffs, Appellees, v. Richard S. SCHWEIKER, Secretary of Health and Human Services, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided December 4, 1981.


Attorney(s) appearing for the Case

Carlene V. McIntyre, Atty., Civ. Div., Dept. of Justice, Washington, D. C., with whom Edward F. Harrington, U. S. Atty., Boston, Mass., Stuart E. Schiffer, Acting Asst. Atty. Gen., and Anthony J. Steinmeyer, Atty., Civ. Div., Dept. of Justice, Washington, D. C., were on brief, for defendant, appellant.

Mark S. Coven, Boston, Mass., with whom Howard Friedman, Washington, D. C., was on brief, for plaintiffs, appellees.

Before BOWNES and BREYER, Circuit Judges, and MURRAY, Senior District Judge.


BREYER, Circuit Judge.

This case concerns the constitutionality of a Supplemental Security Income (SSI)1 regulation that governs payments made to certain SSI recipients who rent living accommodations. The regulation provides that the Secretary will consider significant differences between the fair market value of the accommodation and a lower rental payment to be part of the SSI recipient's "income." The Secretary, in appropriate cases...

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