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CARRASCO v. SECRETARY OF HEALTH, ED. & WELFARE

No. 79-1148.

638 F.2d 1 (1980)

Bonifacia CARRASCO, Plaintiff, Appellant, v. SECRETARY OF HEALTH, EDUCATION AND WELFARE, Defendant, Appellee.

United States Court of Appeals, First Circuit.

December 4, 1980.

Attorney(s) appearing for the Case

Jose Enrique Colon-Santana, Rio Piedras, P.R., with whom Luis Amauri Suarez-Zayas, Hato Rey, P.R., and Ana Matanzo Vicens, San Juan, P.R., were on brief, for appellant.

Lillie Price, Atty., Baltimore, Md., with whom Barbara Allen Babcock, Asst. Atty. Gen., Washington, D.C., Julio Morales-Sanchez, U. S. Atty., San Juan, P.R., and Randolph W. Gaines, Chief of Litigation, Baltimore, Md., were on brief, for appellee.

Before COFFIN, Chief Judge, WISDOM, Senior Circuit Judge, CAMPBELL, Circuit Judge.

PER CURIAM.

The Secretary, in deciding to apply the statutory presumption, 42 U.S.C. § 411(a)(5)(A), assumed that there was no partnership between the plaintiff and her husband. The Secretary did not focus on this point. Nor did the district court. Our decision that the presumption was unconstitutional1 made a remand necessary for the Secretary to determine if Carrasco did in fact have income...

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