Edwin R. Cordova Torres v. Shirley S. Chater, Commissioner of Social Security
Court of Appeals for the Third Circuit
1Opinion of the Court
OPINION OF THE COURT
WEIS, Circuit Judge.
When the Social Security Act was amended to eliminate benefits for disability caused by alcohol and drug addiction, Congress divided the claimants into two groups. The district court decided that the distinction was based on whether the disability existed on the effective date of the amendment. We conclude, however, that the test is whether the claims had been “finally adjudicated by the Commissioner” before or after the effective date of the amendment. Accordingly, we will reverse the order of the district court.
After the denial of his original…
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