Legal Opinion

McDermott ex rel. Skye v. Secretary of Health & Human Services

District Court, W.D. New York

Decided June 25, 1985No. CIV-81-174CPublishedCited by 2 opinions

1Opinion of the Court

CURTIN, Chief Judge.

Jason Skye is the natural son of Georgiana McDermott and the stepson of Bryan *203McDermott. Bryan and Georgiana were married on May 12, 1979. Jason is severely disabled, and the extent of his disability is not an issue in this case. The issue here is whether certain portions of Bryan McDermott’s income are to be “deemed” as income to Jason, thus disqualifying Jason as a recipient of Supplemental Security Income benefits. In a proper case, the regulations promulgated pursuant to the Social Security Act permit attributing the income of another to one who claims benefits under…

2Cases cited2 opinions

  1. Ernest Fleshman, on Behalf of Lisa Fleshman v. Margaret M. Heckler, Secretary of Health and Human ServicesCourt of Appeals for the Fifth Circuit · 1983
  2. Billie Jean Hammond, as Representative for William H. Ross and Richard R. Ross v. Secretary of Health, Education and WelfareCourt of Appeals for the Tenth Circuit · 1981

3Cited by2 opinions

  1. Szlosek v. Secretary of Health & Human ServicesDistrict Court, D. Massachusetts · 1987
  2. Martin v. BowenDistrict Court, N.D. California · 1988

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