Marie Tipton Faidley v. Patricia Roberts Harris, Secretary of Health, Education and Welfare

McKAY, Circuit Judge.

When the Secretary of Health, Education, and Welfare (now Health and Human Services) determines the eligibility for benefits under the Supplemental Security Income (SSI) Program of an individual married to a person not eligible for SSI benefits, 42 U.S.C. § 1382c(f)(l) requires the Secretary to deem that individual’s income and resources to include any income and resources of the ineligible spouse, “except to the extent determined by the Secretary to be inequitable under the circumstances.” Prior to February 1978, appellant was an unmarried person who had been receiving…