BORMEY v. SCHWEIKER

No. 81-3315 Summary Calendar.

695 F.2d 164 (1983)

Neima BORMEY, Plaintiff-Appellant, v. Richard S. SCHWEIKER, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

January 14, 1983.


Attorney(s) appearing for the Case

Agustin R. Guitart, Metairie, La., for plaintiff-appellant.

Louis J. Volz, III, Asst. U.S. Atty., New Orleans, La., for defendant-appellee.

Before RUBIN, JOHNSON and GARWOOD, Circuit Judges.


GARWOOD, Circuit Judge:

This is an appeal from a summary judgment upholding the appellee's decision to reduce appellant's Supplemental Security Income benefits by one third pursuant to 42 U.S.C. § 1382a(a)(2)(A), because she was living in the household of her parents and receiving support and maintenance from them. The principal question is whether this statutory one-third reduction was applicable. We hold that it was not, as to a part of the time in issue, and...

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