ROSENFELD v. SECRETARY OF HEALTH AND HUMAN SERVICES

No. CV-82-1979.

563 F.Supp. 1192 (1983)

Dorothy ROSENFELD, Plaintiff, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant.

United States District Court, E.D. New York.

May 6, 1983.


Attorney(s) appearing for the Case

The Legal Aid Society, New York City, for plaintiff; Morton B. Dicker, Arthur J. Fried, Joan Heckerling, New York City, of counsel.

Raymond J. Dearie, U.S. Atty. by Patrick B. Northup, Asst. U.S. Atty., Brooklyn, N.Y., for defendant.


MEMORANDUM AND ORDER

WEINSTEIN, Chief Judge:

Plaintiff challenges the determination of the Secretary of Health and Human Services denying her Supplemental Security Income (SSI) benefits because her imputed income was too high. The Secretary erred in attributing to the wife all money deposited in a joint bank account with her husband. The sums are small, but to this aged, sick woman they are important. The case must be remanded.

I. Facts

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