Sidney S. ZIPKIN, Plaintiff-Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services, Defendant-Appellee

This is an appeal from a judgment of the United States District Court for the Western District of New York, Michael Telesca, Judge, granting summary judgment to Margaret M. Heckler, as Secretary of the United States Department of Health and Human Services, in an action challenging the constitutionality of section 202(x) of the Social Security Act, 42 U.S.C. § 402(x), as applied by the Secretary in suspending appellant’s retirement benefit insurance payments during his incarceration for a felony conviction.

Since 1982, Sidney S. Zipkin’s sole source of income was his monthly Social Security…