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FAIDLEY v. HARRIS

No. 80-1296.

656 F.2d 582 (1981)

Marie Tipton FAIDLEY, Plaintiff-Appellant, v. Patricia Roberts HARRIS, Secretary of Health, Education and Welfare, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided August 5, 1981.

Attorney(s) appearing for the Case

William E. Benjamin, Adams County Legal Services, Commerce City, Colo., for plaintiff-appellant.

Beverly R. Buck, Asst. U. S. Atty., D. Colorado, Denver, Colo. (Joseph Dolan, U. S. Atty., and Roland J. Brumbaugh, Asst. U. S. Atty., Denver, Colo., on brief), for defendant-appellee.

Before DOYLE and McKAY, Circuit Judges, and O'CONNOR, District Judge.

McKAY, Circuit Judge.

When the Secretary of Health, Education, and Welfare (now Health and Human Services) determines the eligibility for benefits under the Supplemental Security Income (SSI) Program of an individual married to a person not eligible for SSI benefits, 42 U.S.C. § 1382c(f)(1) requires the Secretary to deem that individual's income and resources to include any income and resources of the ineligible spouse, "except to the extent determined by the...

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