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MARTIN v. SULLIVAN

Nos. 88-15024, 88-15279.

932 F.2d 1273 (1990)

Velma MARTIN, on behalf of herself and all others similarly situated, Plaintiff-Appellee, v. Louis J. SULLIVAN, Secretary of the Department of Health and Human Services, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 31, 1990.

As Amended May 14, 1991.

Attorney(s) appearing for the Case

John S. Koppel, Civ. Div., U.S. Dept. of Justice, Washington, D.C., for defendant-appellant.

Gill Deford, Nat. Senior Citizens Law Center, Los Angeles, Cal., for plaintiff-appellee.

Before POOLE, BEEZER and TROTT, Circuit Judges.

POOLE, Circuit Judge:

The Secretary of Health and Human Services (Secretary) appeals the decision of the district court invalidating one of his regulations, 20 C.F.R. § 416.1123(b)(1) (1988), which characterized as "income" for purposes of assessing a person's eligibility for Supplemental Security Income (SSI) benefits amounts not received in hand but which were instead being withheld by other agencies to recoup prior overpayments. Martin v. Bowen,

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