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BOUCHARD v. SEC. OF HEALTH & HUMAN SERV.

Civ. A. Nos. 78-0632-F, 80-0319-F.

583 F.Supp. 944 (1984)

Katherine BOUCHARD, et al., Plaintiffs, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant. Lillian PINNEX, Plaintiff, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant.

United States District Court, D. Massachusetts.

April 2, 1984.

Attorney(s) appearing for the Case

Mary Ellen McCarthy, Western Mass Legal Services Inc., Holyoke, Mass., for Katherine Bouchard, Midas Turgeon, George Stephens, Adolph DeDeurwaerder, John Svoboda, Lottie Sypulski and Carolyn Barry.

Joseph J. McGovern, Boston, Mass., for defendant.

MEMORANDUM

FREEDMAN, District Judge:

I. INTRODUCTION

The plaintiffs, in two cases1 consolidated for a hearing, challenge the methods used by the Secretary to compute the optional state supplementary payment distributed under Title XVI of the Social Security Act, 42 U.S.C. §§ 1381 et seq., when income is "deemed" from an ineligible spouse to a categorically eligible2 individual...

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