Evelyn M. Summy v. Richard S. Schweiker, Secretary of Health and Human Services

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…