MATHEWS v. DE CASTRO

No. 75-1197.

429 U.S. 181 (1976)

MATHEWS, SECRETARY OF HEALTH, EDUCATION, AND WELFARE v. DE CASTRO.

Supreme Court of United States.

Decided December 13, 1976.


Attorney(s) appearing for the Case

Assistant Attorney General Lee argued the cause for appellant. With him on the briefs were Solicitor General Bork, Deputy Solicitor General Jones, and Leonard Schaitman.

Marvin A. Brusman argued the cause for appellee. With him on the brief was Theodore R. Sherwin.


MR. JUSTICE STEWART delivered the opinion of the Court.

Under the Social Security Act a married woman whose husband retires or becomes disabled is granted benefits if she has a minor or other dependent child in her care. A divorced woman whose former husband retires or becomes disabled does not receive such benefits. The issue in the present case is whether this difference in the statutory treatment of married and divorced...

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