Evelyn M. Summy v. Richard S. Schweiker, 688 F.2d 1233 (9th Cir. 1982). · Go Syfert
Evelyn M. Summy v. Richard S. Schweiker, 688 F.2d 1233 (9th Cir. 1982). Cases Citing This Book View Copy Cite
62 citation events (1 in the last 25 years) across 16 distinct courts.
Treatment trajectory · 1983 → 2026 · click a year to view as-of
1983 2004 2026
Cited for
At page 1235 Determining if item of value constitutes SSI income9 citing cases“carefully examined the question when the receipt of an item of value by an ssi beneficiary constitutes income which is actually available to meet the beneficiary's basic needs.”1 citing court quotes it · passage not found verbatim in the opinion (93%)
  • Cordall v. State ex rel. DVA & SHS, 980 P.2d 253 (Wash. Ct. App. 1999).published
    Sherman, 775 F. Supp. 1383 . 15 After Idaho began collecting all UME as third-party liability (TPL), the same court, in Edwards v. Griepentrog, 804 F. Supp. 1310 (D..Nev. 1992), held that UME that are not paid for Medicaid-related services…
  • Edwards v. Griepentrog, 783 F. Supp. 522 (D. Nev. 1991).published
    Summy, 688 F.2d at 1235 (emphasis added) (citation and quotation marks omitted).
  • Sherman v. Griepentrog, 775 F. Supp. 1383 (D. Nev. 1991).published
    The latter is our choice____ Summy, 688 F.2d at 1235 (citation and quotation marks omitted).
  • Sarah E. Healea v. Otis R. Bowen, 859 F.2d 43 (7th Cir. 1988).published
    (Veteran’s Administration reimbursement “for expenditures previously made over which there was little control and which could not have been used to meet the ‘basic needs for food, clothing, and shelter,’ ” is not income…)
  • Florence Paxton v. Sec'y of Health & Human Servs., 856 F.2d 1352 (9th Cir. 1988).published
    II STANDARD OF REVIEW Our court has “carefully examined [the question] when the receipt of an item of value by an SSI beneficiary constitutes income which is actually available to meet the beneficiary’s basic needs.” Grunfeder v. Heckler,…
  • Martin v. Bowen, 694 F. Supp. 718 (N.D. Cal. 1988).published 2 cites
    The court noted that when it decided Whaley , it “carefully examined when the receipt of an item of value by an SSI beneficiary constitutes income which is actually available to meet the beneficiary’s basic needs.” Id. at 1235, emphasis ad…
  • Purser v. Rahm, 702 P.2d 1196 (Wash. 1985).published
    Summy v. Schweiker, 688 F.2d 1233, 1235 (9th Cir. 1982).
  • Felicia Grunfeder v. Margaret Heckler, 748 F.2d 503 (9th Cir. 1984).published
    STANDARD OF REVIEW Our court has “carefully examined [the question] when the receipt of an item of value by an SSI beneficiary constitutes income which is actually available to meet the beneficiary’s basic needs.” Summy v. Schweiker, 688 F…
  • Rosenfeld v. Sec'y of Health & Human Servs., 563 F. Supp. 1192 (E.D.N.Y. 1983).published
    “Courts have carefully examined when the receipt of an item of value by an SSI beneficiary constitutes income which is actually available to meet the beneficiary’s basic needs.” Summy v. Schweiker, 688 F.2d 1233, 1235 (9th Cir.1982).
At page 1233 “income' does not include 'the value of any third party payment for medical care or medical services furnished to a beneficiary.”2 citing cases2 citing courts quote it · 1 listed here
At page 1234 cited at this page1 citing case
Other citing cases2 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
Evelyn M. SUMMY, Plaintiff-Appellee,
v.
Richard S. SCHWEIKER, Secretary of Health and Human Services, Defendant-Appellant
81-3513.
Court of Appeals for the Ninth Circuit.
Sep 27, 1982.
Published opinion
688 F.2d 1233
1982 U.S. App. LEXIS 25316
Patrick E. McBride, Seattle, Wash., for defendant-appellant., Kenneth R. Ryder, Marion Polk Legal Aid Service, Salem, Or., for plaintiff-appellee.
Sneed, Skopil, Stephens.
Cited by 26 opinions  |  Published
SNEED, Circuit Judge:

This case involves the interrelationship of certain features of two federal programs, both of which are designed to provide income to individuals. The programs are the Supplemental Security Income (SSI) that provides payments based on disability and the Veterans Administration (VA) pension provisions. The issue is whether reimbursement by the VA of unusual medical expenses received by the appellee Summy, pursuant to 38 U.S.C. § 503(a)(8) and 38 C.F.R. § 3.272(g)(2) (1980), constitutes “income” for purposes of computing appellee’s SSI entitlement. Should it do so appellee would be entitled to less than would otherwise be the case. The district court entered summary judgment in favor of the appellee. The Secretary of the Department of Health and Human Services (Secretary) appeals and we affirm the judgment of the district court.

I.

FACTS

Appellee receives a VA pension. In 1977 appellee incurred unusual medical expenses and submitted a claim to the VA in the amount of $286.32 with respect to such expenses. • The claim was based on the ground that, in determining a pensioner’s annual income which is required to be subtracted from the amount of the pension to which he would otherwise be entitled, certain unreimbursed medical expenses will be treated so as, in effect, to reduce the pensioner’s annual income and accordingly increase the amount of pension to which the pensioner is entitled. The statute and regulation accomplish this by providing that certain unreimbursed medical expenses are not a part of the pensioner’s “annual income” by which his pension is reduced. See 38 U.S.C. § 503(a)(8); 38 C.F.R. § 3.272(g)(2) (1980). In early 1978 the appellee received from the VA in response to his claim a lump sum check for $286.32.

The Secretary, in computing appellee’s SSI entitlement, included this amount in appellee’s income received during the first quarter of 1978, with the result that appellee received no SSI payment with respect to that quarter. Appellee lodged an administrative appeal but the Appeals Council of the Social Security Administration affirmed the Secretary’s decision. Appellee brought this action in the district court to review the Secretary’s decision' pursuant to 42 U.S.C. § 1383(c)(3).

H.

ANALYSIS

The Secretary’s position is quite simple. The VA pension includes the medical expense reimbursement of $286.32. Pensions are income for purposes of computing SSI benefits. 42 U.S.C. § 1382(a)(2)(B); 20 C.F.R.'§ 416.1130(d) (1980). Therefore, the denial of S£5I payments to the appellee during the first quarter of 1978 was proper.

The appellee challenges the Secretary’s major premise. The VA pension does not include the medical expense reimbursement. The appellee, in effect, reasons, that the characterization of an item for SSI purposes turns on statute and regulations applicable to SSI payments and not those applicable to VA pensions. SSI regulations, the appellee insists, clearly provide that “income” does not include “the value of any third party payment for medical care or medical services furnished to a beneficiary.” 20 C.F.R. § 416.1109(a) (1980). Moreover, such payments do not come within the definition of “income” provided by the regulations. That definition is that “income” is the “receipt by an individual of any property or service which he can apply, either directly or by sale or conversion, to meeting his basic needs for food, clothing, and shelter.” 20 C.F.R. § 416.1102 (1980). Therefore, the appellee insists that the $286.32[*1235] must be treated for what it was, viz., a third party payment for medical services furnished to the appellee.

The issue before us resembles those familiar examples of Gestalt psychology that one encounters while in school. Viewed one way the appellee’s pension was augmented with funds which when received were as spendable as any other dollar of the pension. Viewed another way the appellee merely was reimbursed for expenditures previously made over which there was little control and which could not have been used to meet the “basic needs for food, clothing and shelter.” Neither view is “wrong.” Our choice is simply between the interpretation of the Secretary, to which we should accord substantial weight (see Udall v. Tallman, 380 U.S. 1, 16-17, 85 S.Ct. 792, 801-802, 13 L.Ed.2d 616 (1965)), and that which we believe best advances the purposes of the SSI program.

The latter is our choice. We believe that refraining from diminishing the SSI payments under the circumstances of this case is more congruent with the-policy of not regarding as income the reimbursement of special medical expenses which ordinarily must be treated as having been made involuntarily. This policy is recognized by both the SSI and VA programs. Our holding permits each to give effect to this common policy.

Courts have carefully examined when the receipt of an item of value by an SSI beneficiary constitutes income which is actually available to meet the beneficiary’s basic needs. In Whaley v. Schweiker, 663 F.2d 871, 874-75 (9th Cir. 1981), we held that pension benefits intended for support of a beneficiary’s minor children were not income to the beneficiary, despite the fact that the childrens’ benefits were made payable to the beneficiary. Accord Tsosie v. Califano, 651 F.2d 719, 722-23 (10th Cir. 1981). See also Jackson v. Schweiker, 683 F.2d 1076 (7th Cir. 1982) (holding full value of rent reduction not necessarily all income to SSI beneficiary). We similarly examined Summy’s receipt of benefits realistically in light of the circumstances of her case.

The Secretary argues that our holding will impose substantial administrative difficulties on the administration of the SSI program. That it will impose some difficulties must be acknowledged. However, we are not convinced they will be substantial. The Secretary is entitled to require that an SSI recipient demonstrate by adequate proof that a receipt is not “income” for SSI purposes. We are not holding that all items “not income” for VA purposes are also “not income” for SSI purposes. Our holding is limited to those items which qualify as a “third party payment for medical care or medical services furnished to a beneficiary,” under 20 C.F.R. § 416.-1109(a) (1980). So limited our holding will not impose substantial administrative difficulties.

AFFIRMED.