KELLEY v. COMMISSIONER OF SOCIAL SEC.

No. 08-1652.

566 F.3d 347 (2009)

Marguerite P. KELLEY, Appellant, v. COMMISSIONER OF SOCIAL SECURITY.

United States Court of Appeals, Third Circuit.

Opinion Filed: May 15, 2009.


Attorney(s) appearing for the Case

Scott A. Dye, (Argued), Cohen, Fluhr & Gonzalez, Philadelphia, PA, for Appellant.

Eric P. Kressman, Acting Regional Chief Counsel, Patricia M. Smith, Acting Supervisory Regional Counsel, Social Security Administration, Office of the General Counsel, Laura Magid, Acting United States Attorney, Beverly H. Zuckerman, (Argued), Special Assistant United States Attorney, Eastern District of Pennsylvania, Philadelphia, PA, for Appellee.

Before: CHAGARES, HARDIMAN, Circuit Judges, and ELLIS, Senior District Judge.


OPINION OF THE COURT

ELLIS, Senior District Judge.

This social security appeal presents the novel question whether the proceeds of the sale of a marital home—placed in escrow by divorcing parties—are a countable resource for purposes of assessing eligibility to receive Supplemental Security Income ("SSI") benefits. The Commissioner of Social Security denied Marguerite Kelley's application for SSI benefits on the ground that these proceeds were...

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