Stanley S. Harris, Iii, Appellant, v. Secretary of Health and Human Services; Officials of Thevirginia Health Department, Appellees, 808 F.2d 834 (4th Cir. 1986)

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US Court of Appeals for the Fourth Circuit - 808 F.2d 834 (4th Cir. 1986) Submitted Oct. 29, 1986. Decided Dec. 29, 1986

Before RUSSELL, HALL and WILKINSON, Circuit Judges.

Stanley S. Harris, III, pro se.

Robert W. Jaspen, Assistant United States Attorney and John A. Rupp, Senior Assistant Attorney General, for appellees.

PER CURIAM:


A review of the record and the district court's opinion accepting the recommendation of the magistrate and entering summary judgment in favor of the Officials of the Virginia Health Department and the Secretary of Health and Human Services discloses that this appeal from that court's order refusing relief under 42 U.S.C. § 405(g) is without merit. Because the dispositive issues recently have been decided authoritatively, we dispense with oral argument and affirm the judgment below on the reasoning of the district court.*  Harris v. Secretary of Health and Human Services, C/A No. 85-0378 (E.D. Va., Nov. 12, 1985).

AFFIRMED.

 *

Although the district court entered summary judgment for the Virginia Health Department based on Harris' failure to file counter-affidavits, it is clear, as a matter of law, that determination of supplemental security income (SSI) eligibility is exclusively a function of the federal Social Security Administration. Therefore, Harris' claim against the Virginia Health Department is without merit

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