David Rudykoff v. Kenneth S. Apfel, Commissioner of Social Security

David Rudykoff, appellant pro se, challenged the constitutionality of the Windfall Elimination Provision (WEP) of the Social Security Act, 42 U.S.C. § 415(a)(7). After exhausting his administrative remedies before. the Social Security Administration (SSA), Rudykoff brought an action in the United States District Court for the Eastern District of New York seeking review of the decision to reduce his benefits pursuant to the WEP. Rudykoff now appeals the district court’s affirmance of the reduction of his benefits, claiming that the WEP unconstitutionally discriminates against retired federal…