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Conte v. Barnhart


In Conte v. Barnhart, Esther Conte challenged the termination of her SSI benefits. Mrs. Conte made a monetary gift of income in the month in which she received it while receiving SSI. The Social Security Administration argued that the gift made her ineligible for SSI benefits. Mrs. Conte argued, successfully, that ineligibility for gifts only applies to gifts of resources (money held into the month after receipt) and not of income.

District Court Order (pdf)
Magistrate Recommendation (pdf)
Points and Authorities (pdf)

Page Last Modified: May 28, 2009