Legal Opinion
Bonifacia Carrasco v. Secretary of Health, Education and Welfare
Court of Appeals for the First Circuit
Decided December 4, 1980No. 79-1148PublishedCited by 3 opinions
1Per curiam
The Secretary, in deciding to apply the statutory presumption, 42 U.S.C. § 411(a) (5)(A), assumed that there was no partnership between the plaintiff and her husband. The Secretary did not focus on this point. Nor did the district court. Our decision that the presumption was unconstitutional 1 made a remand necessary for the Secretary to determine if Carrasco did in fact have income from self-employment after her marriage.
We suggested that on remand the plaintiff might be able to show that prior to her marriage she had a sharing arrangement with her future husband that continued after the…
2Cases cited3 opinions
- Ray Rasmussen v. John W. Gardner, Secretary of Health, Education and Welfare of the United States of AmericaCourt of Appeals for the Tenth Circuit · 1967
- Karl J. Kirchberg, Plaintiff-Third Party v. Joan Paillot Feenstra, Defendant-Third Party v. Edwin W. Edwards and State of Louisiana, Third PartyCourt of Appeals for the Third Circuit · 1979
- Becker v. HarrisDistrict Court, E.D. California · 1980
3Cited by3 opinions
- Esther Ayuso-Morales v. Secretary of Health and Human ServicesCourt of Appeals for the First Circuit · 1982
- Littlejohn v. MayDistrict Court, N.D. Ohio · 2023
- Simpson v. McConahayDistrict Court, N.D. Ohio · 2025