TSOSIE v. CALIFANO

No. 79-1142.

651 F.2d 719 (1981)

Venita TSOSIE, Plaintiff-Appellant, v. Joseph A. CALIFANO, Jr., Secretary of Health, Education and Welfare, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided June 19, 1981.


Attorney(s) appearing for the Case

Timothy V. Flynn-O'Brien, Shiprock, N. M. (Judy A. Flynn-O'Brien, Shiprock, N. M., with him, on brief), for plaintiff-appellant.

Robert Varnum, Atty., Dept. of Justice, Washington, D. C. (Barbara Allen Babcock, Asst. Atty. Gen., R. E. Thompson, U. S. Atty., Albuquerque, N. M., and William Kanter, Atty., Dept. of Justice, Washington, D. C., with him, on brief), for defendant-appellee.

Before DOYLE, BREITENSTEIN and SEYMOUR, Circuit Judges.


SEYMOUR, Circuit Judge.

Plaintiff Venita Tsosie has appealed the decision of the Secretary of Health, Education and Welfare that she is ineligible for Supplemental Security Income (SSI) pursuant to section 205(g) of the Social Security Act, 42 U.S.C. § 405(g), as incorporated by section 1631(c)(3) of the Act, 42 U.S.C. § 1383(c)(3). The district court affirmed the Secretary's decision without opinion. We reverse.

I.

Mrs. Tsosie is the disabled...

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