Barber Lofty v. Elliott L. Richardson, Secretary of Health, Education and Welfare,defendant-Appellee

EDWARDS, Circuit Judge.

In this case appellant attacks the constitutionality of an amendment to the Social Security Act adopted in 1965 (42 U.S.C. § 424a, as amended, (Supp. V, 1969)) which had the effect of reducing a claimant’s Social Security disability benefits by the amount of Workmen’s Compensation benefits received by him where the total received under the two programs exceeded 80% of his previous average monthly wages. Appellant claims this provision violates the due process clause of the United States Constitution because when Congress made Workmen’s Compensation the only subject for…