Legal Opinion
Herbert O. Jensen v. Richard S. Schweiker, Secretary, Health and Human Services Dept.
Court of Appeals for the Eighth Circuit
Decided June 22, 1983No. 82-2106PublishedCited by 24 opinions
1Opinion of the Court
HENLEY, Senior Circuit Judge.
Herbert O. Jensen, an inmate in the North Dakota State Penitentiary, filed this 'suit challenging the constitutionality of 42 U.S.C. § 423(f). That statute prohibits the payment of Social Security benefits to an individual for any month the individual is in prison on a felony conviction. The district court dismissed the claim for failure to exhaust administrative remedies and lack of jurisdiction. We reverse and remand for further proceedings.
The facts of this case are simple and uncontroverted. In 1974, after two heart attacks, Herbert Jensen began receiving…
2Cases cited10 opinions
- Mathews v. EldridgeSupreme Court of the United States · 1976
- Hagans v. LavineSupreme Court of the United States · 1974
- Weinberger v. SalfiSupreme Court of the United States · 1975
- Weaver v. GrahamSupreme Court of the United States · 1981
- Chapman v. Houston Welfare Rights OrganizationSupreme Court of the United States · 1979
5 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Prairie Band of Potawatomi Indians v. PierceCourt of Appeals for the Tenth Circuit · 2001
- Ronald L. BOETTCHER, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-AppelleeCourt of Appeals for the Ninth Circuit · 1985
- Koerpel v. HecklerCourt of Appeals for the Tenth Circuit · 1986
- Dealy v. HecklerDistrict Court, W.D. Missouri · 1984
- Herbert O. JENSEN, Appellant, v. Margaret HECKLER, Secretary of Health and Human Services, AppelleeCourt of Appeals for the Eighth Circuit · 1985
19 more not listed; retrieve them via the Exa API.