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

612 F. Supp. 202, 10 Soc. Serv. Rev. 661
CourtDistrict Court, W.D. New York
DecidedJune 25, 1985
DocketNo. CIV-81-174C
StatusPublished
Cited by2 cases

This text of 612 F. Supp. 202 (McDermott ex rel. Skye v. Secretary of Health & Human Services) is published on Counsel Stack Legal Research, covering District Court, W.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McDermott ex rel. Skye v. Secretary of Health & Human Services, 612 F. Supp. 202, 10 Soc. Serv. Rev. 661 (W.D.N.Y. 1985).

Opinion

CURTIN, Chief Judge.

Jason Skye is the natural son of Georgiana McDermott and the stepson of Bryan [203]*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 the Act. See, 20 C.F.R. §§ 416.1160-1169.

I.

Prior Proceedings

The plaintiff’s eligibility for benefits was twice considered by an Administrative Law Judge [AU], A hearing was held on April 20, 1980, and the AU’s first decision was issued eight days later. The AU found that, pursuant to 42 U.S.C. § 1382c(f)(2), it would be “inequitable under the circumstances” to attribute Bryan McDermott’s income to the plaintiff. Record at 10.

The Appeals Council reversed the AU’s decision. The Appeals Council rejected the AU’s interpretation of the statutory language “inequitable under the circumstances” (42 U.S.C. § 1382c(f)(2)). Whereas the AU cited the particular hardships endured by Jason Skye and the strains put upon his stepfather’s small income, the Appeals Council stated that the “circumstances” making income attribution inequitable are limited to those listed in the regulations. Applying the regulations, the Appeals Council held that some of Bryan McDermott’s income must be attributed to Jason. The result was a finding that Jason was ineligible to receive benefits. Record at 5-6. The plaintiff appealed from that decision.

In an order dated June 9, 1983, the court remanded the case to the Secretary. The regulations (i.e., 20 C.F.R. §§ 416.1161(a)) provide for deductions from a parent’s income which is attributable to a claimant. The AU’s decision in favor of the plaintiff merely stated that attribution would be inequitable. No findings were made concerning the applicability of the exceptions listed in 20 C.F.R. § 416.1161(a). The Appeals Council also failed to make such findings. The court remanded the case to the Secretary so that she could determine if any of Bryan McDermott’s income should be exempted pursuant to the regulations.

On remand, a supplemental hearing was held by the same AU on October 5, 1983. On November 15, 1983, the AU found that Bryan McDermott was required to make alimony and child support payments under a state court order and decided that the amounts of these payments should be excluded from the income deemed to Jason. The AU also decided that amounts garnished from Mr. McDermott’s wages under state court judgments should not be deemed to Jason. Finally, the AU held that 1) the basis for determining Jason’s deemed income should be Mr. McDermott’s net income and 2) that Mr. McDermott’s payment of medical expenses for Jason and for a son by a previous marriage was not supported by sufficient evidence. Record at 126.

The Appeals Council modified the AU’s recommended decision. It adopted the finding that alimony and child support payments should not be deemed to Jason. It also adopted the finding that there was insufficient evidence to substantiate certain medical expenses. However, the Appeals Council held that other amounts garnished from Mr. McDermott’s wages should not be excluded for deeming purposes and that the basis for calculating deemed income is Bryan McDermott’s gross wages. Record at 119. The plaintiff appeals from this decision pursuant to sections 205(g) and 1631(c)(3) of the Social Security Act (42 U.S.C. §§ 405(g), 1383(c)(3)).

II.

Discussion

The aspects of the Secretary’s decision which are challenged here are: 1) her conclusion that the deeming regulations list all of the items excludable from the income [204]*204deemed to a plaintiff, thus making individualized determinations of “inequity” unnecessary; 2) her finding that the medical expenses for Jason and a son by a previous marriage were unsupported; 3) use of gross income as the basis for calculating deemed income; and 4) the conclusion that amounts garnished from wages are not ex-cludable from the income deemed to Jason.

A. Effect of Regulations

Recent case law developments have supported the Secretary’s position that 42 U.S.C. § 1382c(f)(2) does not require the Secretary to consider factors other than those listed in the regulations when determining whether deeming income to a claimant would be “inequitable under the circumstances.” Fleshman On Behalf of Fleshman v. Heckler, 709 F.2d 999 (5th Cir.1983), cert. denied, — U.S. -, 104 S.Ct. 727, 79 L.Ed.2d 188 (1984); Hammond v. Secretary of Health, Education, and Welfare, 646 F.2d 455 (10th Cir.1981); Kollett v. Harris, 619 F.2d 134 (1st Cir.1980). These cases are consistent with the principle that the Secretary’s broad authority to promulgate regulations implementing such imprecise statutory language as “inequitable” allows her to rely exclusively upon reasonable regulations in lieu of engaging in ease-by-case determinations. Fleshman, 709 F.2d at 1002-04. Accordingly, I conclude that it was not legal error for the Secretary to rely exclusively upon the regulations.

B. Medical Expenses

Bryan McDermott testified that he has spent $2,500 in out-of-pocket medical expenses for his son by a prior marriage. This responsibility is imposed upon him by a court order which is incorporated into the divorce decree which ended his prior marriage. Record at 165, 170. Payments of this sort are excluded from income deemed to claimants. 20 C.F.R. § 416.1161(a)(10).

The AU stated that he “did not necessarily doubt” Mr. McDermott’s approximation. Nonetheless, he did not accept the testimony because there was no verification for the amount claimed. Record at 126. The Appeals Council approved this finding, stating that “the record does not contain adequate evidence concerning the amount of medical expenses paid from Mr. McDermott’s income. Record at 119.

It hardly needs to be repeated that reviewing courts cannot substitute their own fact findings for those of the Secretary, even if the court is nearly certain that its findings would be different.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Martin v. Bowen
694 F. Supp. 718 (N.D. California, 1988)
Szlosek v. Secretary of Health & Human Services
674 F. Supp. 944 (D. Massachusetts, 1987)

Cite This Page — Counsel Stack

Bluebook (online)
612 F. Supp. 202, 10 Soc. Serv. Rev. 661, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcdermott-ex-rel-skye-v-secretary-of-health-human-services-nywd-1985.