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TORRES v. CHATER

No. 96-1883.

125 F.3d 166 (1997)

Edwin R. Cordova TORRES, Appellee v. Shirley S. CHATER, Commissioner of Social Security, Appellant.

United States Court of Appeals, Third Circuit.

Decided September 18, 1997.

Attorney(s) appearing for the Case

Jeffrey L. Greenwald, Allentown, PA, Attorney for Appellee.

Alfred R. Mollin, Anne M. Lobell, United States Department of Justice, Civil Division, Appellate Staff, Washington, DC, James A. Winn, Social Security Administration, Philadelphia, PA, Attorneys for Appellant.

Before: GREENBERG, ROTH and WEIS, Circuit Judges.

Submitted Pursuant to Third Circuit LAR 34.1(a) May 21, 1997.

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...

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