Legal Opinion
Viola Sims v. Patricia Harris, Secretary of Health, Education and Welfare, Faith Vernon v. Patricia Harris, Secretary of Health, Education and Welfare
Court of Appeals for the Ninth Circuit
Decided September 12, 1979No. 78-1028, 78-1029PublishedCited by 12 opinions
1Opinion of the Court
KENNEDY, Circuit Judge:
The issue presented on appeal is whether establishing different disability tests to determine the eligibility of widows, surviving divorced wives, and widowers for social security benefits creates a class not rationally related to a legitimate purpose in violation of the equal protection clause. We hold that it does not.
If the widow, surviving divorced wife or widower of a fully insured deceased wage earner is “disabled,” and between 50 and 60 years of age, he or she is eligible under the Social Security Act to receive disability benefits based on a certain percentage…
2Cases cited7 opinions
- Dandridge v. WilliamsSupreme Court of the United States · 1970
- Richardson v. BelcherSupreme Court of the United States · 1971
- Califano v. GoldfarbSupreme Court of the United States · 1977
- Mathews v. De CastroSupreme Court of the United States · 1976
- Califano v. JobstSupreme Court of the United States · 1977
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Kachinski v. Workmen's Compensation Appeal BoardSupreme Court of Pennsylvania · 1987
- Essie D. COOK, Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services, AppelleeCourt of Appeals for the Fourth Circuit · 1986
- Celia Aleman v. Dan E. Glickman, Secretary of Agriculture, in His Official CapacityCourt of Appeals for the Ninth Circuit · 2000
- Fisher v. ReiserCourt of Appeals for the Ninth Circuit · 1979
- Michael G. Zaharakis v. Margaret Heckler, Secretary of Health & Human ServicesCourt of Appeals for the Ninth Circuit · 1984
7 more not listed; retrieve them via the Exa API.