(DOWNLOAD) "Kollett v. Harris" by First Circuit United States Court Of Appeals ~ eBook PDF Kindle ePub Free
eBook details
- Title: Kollett v. Harris
- Author : First Circuit United States Court Of Appeals
- Release Date : January 18, 1980
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
Plaintiffs are disabled children who are eligible for cash assistance payments under the Supplemental Security Income (SSI) program, 42 U.S.C. §Â§ 1381 et seq. Believing the benefits allowed them by the Secretary were lower than those to which they were entitled, plaintiffs appealed the Secretary's final decisions to the district court pursuant to 42 U.S.C. § 405(g). The Secretary's present appeals to us are from the district court's judgments in those cases. This dispute over benefits arises from plaintiffs' discontent with the Secretary's regulations attributing to a disabled child certain income of his parents or stepparents whether or not that income is actually available to the child. As an individual's benefit level is tied to his income and resources, augmentation of a child's income by the ""deemed"" or attributed parental income reduces the amount of SSI benefits the child receives. In the court below, plaintiffs challenged both the procedural and substantive validity of the Secretary's deeming regulations. The district court concluded the regulations were invalid and ordered a new rulemaking.