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CALLEJAS v. McMAHON

No. 83-2397.

750 F.2d 729 (1984)

Isidra CALLEJAS, et al., Plaintiffs-Appellants, v. Linda McMAHON, et al., Defendants-Appellees, and Margaret Heckler, Secretary of the United States Department of Health and Human Services, Third Party Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided December 5, 1984.

As Amended January 2, 1985.

Attorney(s) appearing for the Case

Colleen Fahey Fearn, Legal Aid Soc. of San Diego, San Diego, Cal., Marilyn Kaplan, Los Angeles, Cal., for plaintiffs-appellants.

Robert S. Greenspan, Jenny A. Sternbach, Washington, D.C., for defendants-appellees.

Before WALLACE, SKOPIL, and NORRIS, Circuit Judges.

SKOPIL, Circuit Judge:

The issue on appeal is whether 42 U.S.C. § 602(a)(17) (1983), requiring that nonrecurring lump sum payments be considered income available to meet a family's support needs, applies to all eligible recipients or only to those with earned income in the month the lump sum payment is received. We conclude that the lump sum rule applies to all eligible recipients.

DISCUSSION

Plaintiffs, recipients of assistance under the Aid...

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