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McDERMOTT v. SECRETARY OF HEALTH & HUMAN SERVICES

No. CIV-81-174C.

612 F.Supp. 202 (1985)

Georgiana McDERMOTT, on Behalf of Jason SKYE, Plaintiff, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant.

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

June 25, 1985.

Attorney(s) appearing for the Case

Neighborhood Legal Services, Inc., Buffalo, N.Y., for plaintiff; Olney H. Clowe, Buffalo, N.Y., of counsel.

Salvatore R. Martoche, U.S. Atty., Buffalo, N.Y., for defendant; Matthew J. Murphy III, Asst. U.S. Atty., Buffalo, N.Y., of counsel.

CURTIN, Chief Judge.

Jason Skye is the natural son of Georgiana McDermott and the stepson of Bryan McDermott. Bryan and Georgiana were married on May 12, 1979. Jason is severely disabled, and the extent of his disability is not an issue in this case. The issue here is whether certain portions of Bryan McDermott's income are to be "deemed" as income to Jason, thus disqualifying Jason as a recipient of Supplemental Security...

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