Legal Opinion

Sarah CAPITANO, Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Appellee

Court of Appeals for the Second Circuit

Decided September 17, 1984No. 624, Docket 83-6231PublishedCited by 21 opinions

1Opinion of the Court

OAKES, Circuit Judge.

Tlie Social Security system provides primary benefits, based on one’s own work, to retired workers who meet specified conditions. It also provides secondary benefits to the surviving dependents, often spouses, of deceased workers. The spouse benefit system, which is at the heart of this case, has been said to involve “essential arbitrariness,” in that the provisions which make it up “incorporate no coherent rationale for entitlement.”1 One set of principles determines contribution and entitlement to primary benefits, while a completely different set determines entitlement…

2Cases cited15 opinions

  1. North Haven Board of Education v. BellSupreme Court of the United States · 1982
  2. Califano v. GoldfarbSupreme Court of the United States · 1977
  3. Sylvia Haberman v. Robert H. Finch, Secretary of Health, Education and WelfareCourt of Appeals for the Second Circuit · 1969
  4. 4 soc.sec.rep.ser. 80, unempl.ins.rep. Cch 15,133 Mario Lopez v. Margaret M. Heckler, Secretary of Health and Human ServicesCourt of Appeals for the Ninth Circuit · 1984
  5. Frieda Rosenberg v. Elliot Richardson, Secretary of Health, Education & WelfareCourt of Appeals for the Second Circuit · 1976

10 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. The State of New York v. Shore Realty Corp. And Donald LeograndeCourt of Appeals for the Second Circuit · 1985
  2. City of New York v. Exxon Corp.District Court, S.D. New York · 1988
  3. Elizabeth Blackwell Health Center for Women v. KnollCourt of Appeals for the Third Circuit · 1995
  4. Stieberger v. HecklerDistrict Court, S.D. New York · 1985
  5. Town of New Windsor v. Tesa Tuck, Inc.District Court, S.D. New York · 1996

16 more not listed; retrieve them via the Exa API.

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