TUTTLE v. SECRETARY OF HEALTH, EDUCATION AND WELFARE

No. 74-1042.

504 F.2d 61 (1974)

Edgar C. TUTTLE, Plaintiff-Appellant, v. SECRETARY OF HEALTH, EDUCATION AND WELFARE, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided October 16, 1974.


Attorney(s) appearing for the Case

Galen Ross, Salt Lake City, Utah, for plaintiff-appellant.

Michael Kimmel, Atty., Dept. of Justice (Carla A. Hills, Asst. Atty. Gen., C. Nelson Day, U. S. Atty., and William Kanter, Atty., Dept. of Justice, on the brief), for defendant-appellee.

Before BREITENSTEIN, SETH and McWILLIAMS, Circuit Judges.


BREITENSTEIN, Circuit Judge.

The issue is the constitutionality of the provisions of the Social Security Act requiring that a disability applicant have not less than 20 quarters of covered employment during the 40-quarter period preceding his disability. The district court upheld the Act. We affirm.

Plaintiff on November 5, 1970, applied for a period of disability under § 216(i) of the Act, 42 U.S.C. § 416(i), and for disability insurance benefits...

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