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GUTIERREZ v. BOWEN

No. 34, Docket 89-6051.

898 F.2d 307 (1990)

Maria GUTIERREZ and Ramon Gutierrez, Plaintiffs-Appellants, v. Otis R. BOWEN, M.D., Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided March 7, 1990.

Attorney(s) appearing for the Case

Marc Finkelstein, New York City (BLS Legal Services Corp. — Senior Citizen Law Office) on the brief, Jorge Luis Vitureira, Law Student Intern, for plaintiffs-appellants.

Kathleen A. Zebrowski, Sp. Asst. U.S. Atty. for the S.D.N.Y. (Nancy Kilson, Asst. U.S. Atty., Annette H. Blum, Chief Counsel, Region II, Arthur Swerdloff, Asst. Regional Counsel, U.S. Dept. of Health and Human Services, of counsel) for defendant-appellee.

Before MESKILL and ALTIMARI, Circuit Judges, and LASKER, District Judge.

LASKER, District Judge.

The Gutierrezes are an elderly couple who, based on their age and limited resources, in 1985 received $24 per month in Supplemental Security Income ("SSI") benefits. On December 18, 1985 the Social Security Administration ("SSA") notified the Gutierrezes that their SSI payments would be terminated in February 1986 because a computer check had revealed a previously undisclosed bank account ("the money market account" or "the account") in Maria...

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