Nunemaker, Isabelle v. Sec. Hew Usa, Patricia Roberts Harris, Secretary of Health, Education and Welfare, and Her Successor or Successors in Office

OPINION OF THE COURT

JAMES HUNTER, III, Circuit Judge:

INTRODUCTION

This appeal is from a judgment of the United States District Court for the Middle District of Pennsylvania vacating a decision of the Secretary of Health and Human Services which reduced plaintiff’s benefits under the Supplemental Security Income (“SSI”) program of Title XVI of the Social Security Act, 42 U.S.C. §§ 1381-1383c (1976) (the “statute”). The district court held that 20 C.F.R. § 416.1125(d) (1980), 1 which includes, as countable unearned income for purposes of the SSI program, support and maintenance received for less…