Neima Bormey v. Richard S. Schweiker, Secretary of Health and Human Services
Court of Appeals for the Fifth Circuit
1Opinion of the Court
GARWOOD, Circuit Judge:
This is an appeal from a summary judgment upholding the appellee’s decision to reduce appellant’s Supplemental Security Income benefits by one third pursuant to 42 U.S.C. § 1382a(a)(2)(A), because she was living in the household of her parents and receiving support and maintenance from them. The principal question is whether this statutory one-third reduction was applicable. We hold that it was not, as to a part of the time in issue, and remand the case for further proceedings.
I
The material facts are undisputed. Appellant Neima Bormey (“Bormey”) was born on January…
2Cases cited12 opinions
- Ennis Nettles v. Louie L. Wainwright, Director, Division of Corrections, State of FloridaCourt of Appeals for the Fifth Circuit · 1982
- Schweiker v. HansenSupreme Court of the United States · 1981
- Mary Strickland v. Patricia Roberts Harris, Secretary of Health and Human ResourcesCourt of Appeals for the Fifth Circuit · 1980
- United States v. Lazy Fc RanchCourt of Appeals for the Ninth Circuit · 1973
- Dennard v. Richards Group, Inc.Court of Appeals for the Fifth Circuit · 1982
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3Cited by8 opinions
- Mary L. COOK, Plaintiff-Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1985
- Edward C. Carter v. Margaret M. Heckler, Secretary of Health and Human ServicesCourt of Appeals for the Fifth Circuit · 1983
- Theresa Hickman v. Otis R. Bowen, M.D., Secretary of Health and Human ServicesCourt of Appeals for the Fifth Circuit · 1986
- Cullivan v. ShalalaDistrict Court, E.D. Texas · 1995
- Maisonet v. New Jersey Department of Human ServicesNew Jersey Superior Court Appellate Division · 1994
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