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PAXTON v. SECRETARY OF HEALTH AND HUMAN SERVICES

No. 87-1769.

856 F.2d 1352 (1988)

Florence PAXTON, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided September 8, 1988.

Attorney(s) appearing for the Case

Phillip N. Bruce, Sacramento, Cal., for plaintiff-appellant.

Nancy Wever, Asst. U.S. Atty., San Francisco, Cal., for defendant-appellee.

Before SCHROEDER, PREGERSON and BRUNETTI, Circuit Judges.

PREGERSON, Circuit Judge:

This case concerns the interrelationship of Supplemental Security Income (SSI) benefits and Veterans Administration (VA) benefits. The specific issue is whether that portion of VA benefits paid to a veteran for the support of the veteran's dependent may be counted as unearned income to the dependent in calculating the dependent's SSI benefits. We reject the Secretary's 1981 policy of automatically counting the dependent...

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