Elisa Molina-Crespo v. Joseph Califano, Secretary of Health, Education, and Welfare

COFFIN, Chief Judge.

Appellant, a United States citizen and resident of Puerto Rico, applied for Social Security old age benefits pursuant to 42 U.S.C. § 428. Her application was denied because such benefits are available only to residents of the United States which is defined as the 50 states and the District of Columbia. 42 U.S.C. § 428(e). Except for her failure to meet the residency requirement, appellant would have been eligible for benefits. On May 31, 1977, she filed suit in the United States District Court for the District of Puerto Rico alleging that the exclusion of Puerto Rico from…