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McAVOY v. HECKLER

No. CV83-L-144.

582 F.Supp. 1451 (1984)

Marjorie McAVOY, Plaintiff, v. Margaret HECKLER, Secretary of the Department of Health and Human Services, Defendant.

United States District Court, D. Nebraska.

March 28, 1984.

Attorney(s) appearing for the Case

C.A. Brady, Lincoln, Neb., for plaintiff.

Sally R. Johnson, Asst. U.S. Atty., Lincoln, Neb., for defendant.

MEMORANDUM OF DECISION

URBOM, Chief Judge.

This appeal from a termination of supplemental security income benefits presents an issue not previously addressed in a published decision in the Eighth Circuit and upon which other circuits have disagreed: Whether the Secretary may terminate benefits of a person converted to the SSI program under 42 U.S.C. sec. 1382c(a)(3)(E) (effective Jan. 1, 1974) by finding merely that the person's current condition fails to...

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