Vonck v. Harris

OPINION AND ORDER

ELMO B. HUNTER, District Judge.

Plaintiff brings this action pursuant to 42 U.S.C. § 401 et seq. Section 405(g) provides for review of a final decision of the Secretary of Health and Human Services 1 by the District Court. This cause appears before the Court on the parties’ cross motions for summary judgment and their stipulation that the Court may render a final decision on the pleadings and administrative record without the need for further evidence. 2 The narrow question of the constitutionality of Section 402(d)(8) of the Social Security Act is presented for review. This…