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MUNOZ v. SULLIVAN

No. 90-15038.

930 F.2d 1400 (1991)

Guadalupe MUNOZ, et al., Plaintiffs-Appellants, v. Louis SULLIVAN, M.D., Secretary of the Department of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided April 15, 1991.

Attorney(s) appearing for the Case

Gill Deford, Peter Komlos-Hrobsky, National Senior Citizens Law Center, Los Angeles, Cal., for plaintiffs-appellants.

Paul Babwin, Central California Legal Services, Inc., Fresno, Cal., for plaintiffs-appellants.

Stuart M. Gerson, Asst. Atty. Gen., William Kanter, Appellate Staff, John Copeland Nagle, Office of Legal Counsel, U.S. Dept. of Justice, Washington, D.C., for defendant-appellee.

Before REINHARDT and HALL, Circuit Judges, and RE, Judge.

REINHARDT, Circuit Judge:

OVERVIEW

Guadalupe Munoz filed suit against the Secretary of the Department of Health and Human Services ("the Secretary"), alleging that the six-month rule set forth in 42 U.S.C. § 1382c(b) (1983) is unconstitutional. Under the six-month rule, when a married couple, both of whom are eligible for Supplemental Security Income benefits, separate, they are paid benefits at the level set for married couples, rather than the higher...

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