Cox v. State Social Welfare Board

Does a State Social Welfare Board regulation that requires the applicant for state old age security benefits to exhaust potential resources in the form of his wife’s present right to apply for federal benefits at the age of 62, instead of waiting until she reaches the age of 65, exceed legislative authorization, violate the Fourteenth Amendment and contravene an alleged previous contrary judgment of the superior court? The trial court answered these questions in the affirmative. We shall set forth the reasons which, we believe, compel the opposite result.

The proposed decision of the State…