Johnson Ex Rel. Courtney v. Califano

MEMORANDUM AND ORDER

WESLEY E. BROWN, District Judge.

This is an action in which the plaintiff seeks a judgment that certain provisions of the Social Security Act and accompanying regulations, 42 U.S.C. § 402(d)(8) and 20 C.F.R. § 404.323(a)(4), are unconstitutional and void. The matter is before the Court on cross motions for summary judgment. For reasons stated herein, the Court grants defendant’s motion for summary judgment, and denies that of plaintiff.

Plaintiff’s adoptive father, Theodore Courtney, became entitled to old-age insurance benefits, as provided in section 402(a) of the Social…