20 C.F.R. § 416.1120
What is unearned income
Unearned income is all income that is not earned income. We describe some of the types of unearned income in § 416.1121. We consider all of these items as unearned income, whether you receive them in cash or in kind.
Notes of Decisions
Cited in 24
cases, 1981–2019 · leading case: Venita Tsosie v. Joseph A. Califano, Jr., Sec'y of Health, Educ. & Welfare, 651 F.2d 719 (10th Cir. 1981).
Venita Tsosie v. Joseph A. Califano, Jr., Sec'y of Health, Educ. & Welfare, 651 F.2d 719 (10th Cir. 1981). “20 C.F.R. § 416.1120 . 5 . Tsosie bases her equal protection argument on the fact that the SSA does apportion benefits received by a parent under the Aid to Families with Dependent Children (AFDC) program, 42 U.”
Zella Kimmes v. Patricia Roberts Harris, Sec'y of Health & Human Servs., Defendant, 647 F.2d 1028 (10th Cir. 1981). “§ 1382a(a)(2)(A) (1976) or with 20 C.F.R. § 416.1120 (1980). The latter regulation states: “In determining the amount of unearned income the amount actually available to the individual is considered.”
Clara Blanche Berryhill v. Donna E. Shalala, Sec'y of Health & Human Servs., 1, 4 F.3d 993 (6th Cir. 1993). “20 CFR 416.1120 provides that all income that is not earned income is unearned income.”
Madgey Jackson v. Richard Schweiker , Sec'y of Health & Human Servs., 683 F.2d 1076 (7th Cir. 1982). “” 20 C.F.R. § 416.1120 (1980) (emphasis supplied).”
Szlosek v. Sec'y of Health & Human Servs., 674 F. Supp. 944 (D. Mass. 1987). “20 C.F. R. § 416.1120 (1977). This regulation was explained further in 1979 by an amendment defining income as “anything an individual receives in cash or in kind that can be used to meet his or her needs for food, clothing, and shelter.”
Cervantez v. Sullivan, 719 F. Supp. 899 (E.D. Cal. 1989). “” 20 C.F.R. § 416.1120 (1977). This interpretation was reaffirmed in 1979 by the Secretary’s proposed new rules for defining countable income, which were premised on the notion that income is "anything an individual receives in cash or in kind that can be used to meet his or her…”
Delma Usher v. Richard S. Schweiker, Sec'y of Health & Human Servs., 666 F.2d 652 (1st Cir. 1981). “The Secretary apparently agrees that the basic approach of the statute has not been changed; his regulations interpreting the new statute follow the same pattern as those interpreting the “income and resources” clause of the federal-state programs, providing that in determining…”
Cervantez v. Sullivan, 963 F.2d 229 (9th Cir. 1992). “" 20 C.F.R. 416.1120 (1977). This sentence, however, was dropped in 1980.”
Purser v. Rahm, 702 P.2d 1196 (Wash. 1985). “"Unearned income is all income that is not earned income", 20 C.F.R. § 416.1120 (1984), and includes "private pensions, social security benefits, disability benefits, veterans benefits, worker's compensation, railroad retirement annuities and unemployment insurance benefits.”
Cervantez v. Sullivan, 963 F.2d 229 (9th Cir. 1992). “” 20 C.F.R. § 416.1120 (1977). This sentence, however, was dropped in 1980.”
Rosenfeld v. Sec'y of Health & Human Servs., 563 F. Supp. 1192 (E.D.N.Y 1983). “” The new regulations on earned and unearned income, which became effective October 3, 1980, were promulgated “to make these rules clearer and easier for the public to understand.”
Nunemaker, Isabelle v. Sec. Hew Usa, Patricia Roberts Harris, Sec'y of Health, Educ. & Welfare, & Her Successor or Successors in Off., 679 F.2d 328 (3rd Cir. 1982). “In Kimmes, Usher, and in the instant case, the plaintiffs asserted that income in the form of a rental subsidy was not “actually available” to them, as required by 20 C.F.R. § 416.1120 . In an analysis which paralleled that of the Kimmes court, the First Circuit rejected the…”
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