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RYDER v. SHALALA

No. 92-1390.

25 F.3d 944 (1994)

June RYDER, Plaintiff-Appellee, v. Donna E. SHALALA, Secretary of the Department of Health and Human Services, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 2, 1994.

Attorney(s) appearing for the Case

Ralph Ogden of Wilcox & Ogden, P.C., Denver, (Steven U. Mullens of Steven U. Mullens, P.C., Colorado Springs, with him on the brief), for plaintiff-appellee.

Jennifer H. Zacks (Stuart E. Schiffer, Acting Asst. Atty. Gen., James R. Allison, U.S. Atty., and William Kanter, with her on the brief), Attys., Appellate Staff, Dept. of Justice, Washington, DC, for defendant-appellant.

Before MOORE, Circuit Judge, and McWILLIAMS, Senior Circuit Judge, and COOK, Senior District Judge.

McWILLIAMS, Senior Circuit Judge.

In this case we are called upon to decide the validity of Title XVI: SSI Treatment of Veterans Administration Payments to SSI Eligibles/Fiduciaries, a ruling by the Social Security Administration ("SSA"), which reads, in pertinent parts, as follows:

Effective November 1981, SSA policy provides that the additional (augmented) portion of a VA benefit when included in the...

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