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FARLEY v. SULLIVAN

No. 380, Docket 92-6120.

983 F.2d 405 (1993)

Lucy FARLEY, David Devoid, on behalf of themselves and all others similarly situated, Plaintiffs-Appellees, v. Louis W. SULLIVAN, M.D., Secretary of the Dept. of Health & Human Services, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided January 6, 1993.

Attorney(s) appearing for the Case

Bruce G. Forrest, Dept. of Justice, Washington, DC (Stuart M. Gerson, Asst. Atty. Gen., Dept. of Justice, Washington, DC, Charles A. Caruso, U.S. Atty., Christopher B. Baril, Asst. U.S. Atty., D. Vt., Montpelier, VT, William Kanter, Dept. of Justice, Donald A. Gonya, Chief Counsel, Randolph W. Gaines, Deputy Chief Counsel, John M. Sacchetti, Chief, Litigation Branch, Retirement, Survivors and Supplemental Assistance, Mark S. Ledford, Office of the Gen. Counsel, Dept. of Health and Human Services, Social Security Div., Washington, DC, of counsel), for defendant-appellant.

John J. McCullough, III, Vermont Legal Aid, Inc., Montpelier, VT, for plaintiffs-appellees.

Before: MESKILL, Chief Judge, WINTER, Circuit Judge, and RESTANI, Judge.

RESTANI, Judge:

Plaintiffs-appellees, Lucy Farley and David Devoid, represent a class of recipients under the federal government's Supplemental Security Income Program (SSI). Pursuant to agency regulations, the Secretary of the Department of Health and Human Services ("the Secretary") calculated plaintiffs' SSI benefits for the first three months of eligibility based on income they received in the first month of eligibility...

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