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RYAN v. SULLIVAN

No. 91-3570.

972 F.2d 721 (1992)

Catherine RYAN, Plaintiff-Appellee, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided August 18, 1992.

Attorney(s) appearing for the Case

David B. Dawson (argued and briefed), Susan E. Morgenstern, Legal Aid Soc., Cleveland, Ohio, for plaintiff-appellee.

Michael C. Messer (argued and briefed), Dept. of Health and Human Services, Office of the General Counsel, Region V, Chicago, Ill., Michael Anne Johnson, Asst. U.S. Atty., Office of the U.S. Atty., Cleveland, Ohio, for defendant-appellant.

Before: MERRITT, Chief Judge; and MARTIN and SILER, Circuit Judges.

PER CURIAM.

The defendant Secretary appeals the decision of the United States Magistrate Judge, sitting for the district court, that § 9106 of the Omnibus Budget Reconciliation Act ("OBRA") of 1987, 42 U.S.C. § 1382(c)(5), should be applied retroactively to any cases then pending for Supplemental Security Income ("SSI") benefits. For the following reasons, we REVERSE.

Persons receiving SSI benefits are automatically ineligible for Aid for Dependent...

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