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DOYLE v. RICHARDSON

No. 31104.

458 F.2d 987 (1972)

Joseph W. DOYLE, Plaintiff-Appellee, v. Elliot L. RICHARDSON, Secretary of Health, Education and Welfare, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 18, 1972.

Attorney(s) appearing for the Case

Seagal V. Wheatley, U. S. Atty., San Antonio, Tex., Kathryn H. Baldwin, Alexander P. Humphrey, Attys., Dept. of Justice, Washington, D. C., Thomas J. Press, Dept. of Justice, Washington, D. C., L. Patrick Gray, III, Asst. Atty. Gen., for defendant-appellant; Paul Merlin, Office of the General Counsel, Social Security Administration, Baltimore, Md., of counsel.

Lonnie Duke, Rivera & Ritter, San Antonio, Tex., for plaintiff-appellee.

Before WISDOM, COLEMAN and SIMPSON, Circuit Judges.

PER CURIAM:

Joseph W. Doyle challenges the constitutional validity of the procedures utilized by the Department of Health, Education, and Welfare in terminating his disability benefits. See 42 U.S.C. §§ 416(i) (2) (D), 421(a), and 423(a) (1) (D). See also 42 U.S.C. § 425. The Secretary, acting on the basis of a determination by a Texas state agency that Doyle's entitlement to disability benefits had terminated, discontinued Doyle's disability...

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