Herman EDELMAN, Appellant, v. COMMISSIONER OF SOCIAL SECURITY, Appellee

OPINION OF THE COURT

ROSENN, Circuit Judge.

This appeal from a grant of summary judgment in favor of the Commissioner of Social Security 1 rejecting Herman Edelman’s claim for social security benefits for the month of October 1993 presents the issue of the proper construction of the 1981 amendments to the Omnibus Budget Reconciliation Act (OBRA) affecting the Social Security Act, 42 U.S.C. § 301 et seq. Because we determine that the district court correctly interpreted the statute and applicable regulations, and because Edelman cannot sustain his constitutional claim, we will affirm.

The parties…