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GORDON v. SHALALA

No. 615, Docket 94-6011.

55 F.3d 101 (1995)

Danielle GORDON, Plaintiff-Appellee, v. Donna E. SHALALA, Secretary of Health and Human Services, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided May 22, 1995.

Attorney(s) appearing for the Case

Charles Robert, Rockville Centre, NY (Robert, Lerner & Bigler, Rockville Centre, NY, of counsel), for plaintiff-appellee.

Bruce H. Nims, Asst. U.S. Atty., Brooklyn, NY (Zachary W. Carter, U.S. Atty., Robert L. Begleiter, Deborah B. Zwany, Asst. U.S. Attys., Brooklyn, NY, Annette H. Blum, Chief Counsel, Kathleen A. Mahoney, Asst. Regional Counsel, Dept. of Health and Human Services, New York City, of counsel), for defendant-appellant.

Before: LUMBARD, VAN GRAAFEILAND and WINTER, Circuit Judges.

VAN GRAAFEILAND, Circuit Judge:

The Secretary of Health and Human Services appeals from a judgment of the United States District Court for the Eastern District of New York (Spatt, J.) reversing the Secretary's reduction of Danielle Gordon's Supplemental Security Income ("SSI") benefits on the ground that the Secretary applied incorrect legal standards in computing the benefits payable. For the reasons that follow, we reverse.

The SSI program provides benefits...

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