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HERNDON v. SCHWEIKER

No. 81-4052.

680 F.2d 678 (1982)

Myrtie HERNDON, Plaintiff-Appellant, v. Richard SCHWEIKER, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided July 2, 1982.

Attorney(s) appearing for the Case

Deborah J. Baldwin, Senior Citizens Law Project, Cal. Rural Legal Assistance, Modesto, Cal., for plaintiff-appellant.

Alan M. Grochal, U. S. Dept. of Health & Human Services, Baltimore, Md., for defendant-appellee.

Before FARRIS, FERGUSON, and NELSON, Circuit Judges.

NELSON, Circuit Judge:

Appellant seeks reversal of the decision of the district court denying restoration of her Supplemental Security Income (SSI) benefit levels. We affirm.

The facts are undisputed. Appellant had established her own household in a residence owned by one of her children, and paid less than fair market value in rent. The Secretary of Health and Human Services determined that the difference between the rent paid and the fair market value constituted...

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