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SZLOSEK v. SECRETARY OF HEALTH & HUMAN SERVICES

Civ. A. No. 85-0318-F.

674 F.Supp. 944 (1987)

Rose SZLOSEK and Kathleen Starkey, Plaintiffs, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant.

United States District Court, D. Massachusetts.

November 19, 1987.

Attorney(s) appearing for the Case

Peter Benjamin, Western Mass. Legal Services, Springfield, for plaintiffs.

Mary E. Carmody, Asst. U.S. Atty., for defendant.

MEMORANDUM AND ORDER

FREEDMAN, Chief Judge.

Rose Szlosek and Kathleen Starkey, recipients of Social Security Title II benefits, challenge the validity of 20 C.F.R. § 416.1123(b) (1986), which deems money withheld to recoup overpayments under Title II of the Social Security Act ("Title II"), 42 U.S.C. §§ 401-433, as income for the purposes of calculating Supplemental Security Income ("SSI") benefits under Title XVI of the Act, 42 U.S.C. §...

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