Zella KIMMES, Plaintiff-Appellee,
v.
Patricia Roberts HARRIS, Secretary of Health and Human Services, Defendant-Appellant.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
Argued January 29, 1981.
Decided April 22, 1981.
Attorney(s) appearing for the Case
Lenny L. Croce, Atty., Rural Legal Services of Tennessee, Oak Ridge, Tenn. (Jeffery Link, Attorney, Jefferson County Legal Aid, Golden, Colo., with him on the brief), for plaintiff-appellee.
Verrell L. Dethloff, Jr., Atty., Baltimore, Md. (Randolph W. Gaines, Chief of Litigation, Social Security Division, Dept. of Health, Education, and Welfare, Baltimore, Md., and Alice Daniel, Acting Asst. Atty. Gen., Washington, D. C., and Joseph F. Dolan, U. S. Atty., Denver, Colo., with him on the brief), for defendant-appellant.
Before SETH, Chief Judge, and McWILLIAMS and LOGAN, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
McWILLIAMS, Circuit Judge.
This is a Supplemental Security Income (SSI) case. The Secretary of the Department of Health, Education and Welfare (HEW)1 held that Zella Kimmes' rental arrangement with her daughter caused her to receive "in-kind" income, which, in turn, raised her income to a level so high that she became ineligible for SSI benefits. The District Court, on review, held that Mrs. Kimmes did not receive in-kind income...
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