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SMITH v. SHALALA

No. 91-3238.

5 F.3d 235 (1993)

Charles W. SMITH, Plaintiff-Appellant, v. Donna E. SHALALA, Secretary of the United States Department of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided September 15, 1993.

Attorney(s) appearing for the Case

Jerold S. Solovy, Laura A. Kaster, Avidan J. Stern (argued), Jenner & Block, Chicago, IL, for plaintiff-appellant.

Duane N. Bruce (argued), Dept. of Health and Human Services, Region V, Office of the Gen. Counsel, Chicago, IL, K. Tate Chambers, Asst. U.S. Atty., Office of the U.S. Atty., Peoria, IL, J. William Roberts, U.S. Atty., Office of the U.S. Atty., Springfield, IL, for defendant-appellee.

Before CUDAHY and RIPPLE, Circuit Judges, and ESCHBACH, Senior Circuit Judge.

RIPPLE, Circuit Judge.

Charles Smith is a disabled man who was deemed married under 42 U.S.C. § 1382c(d)(2) to a disabled woman for purposes of supplemental social security income. This determination qualified them for benefits as an "eligible couple" rather than as "eligible individuals" and resulted in a reduction in the benefits that they received. Mr. Smith exhausted available administrative review and the district court affirmed the decision of an administrative...

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