MATHEWS v. LUCAS

No. 75-88.

427 U.S. 495 (1976)

MATHEWS, SECRETARY OF HEALTH, EDUCATION, AND WELFARE v. LUCAS ET AL.

Supreme Court of United States.

Decided June 29, 1976.


Attorney(s) appearing for the Case

Deputy Solicitor General Jones argued the cause for appellant. On the brief were Solicitor General Bork, Assistant Attorney General Lee, and William Kanter.

C. Christopher Brown argued the cause for appellees. On the brief was Thomas W. Pearlman.


MR. JUSTICE BLACKMUN delivered the opinion of the Court.

This case presents the issue of the constitutionality, under the Due Process Clause of the Fifth Amendment, of those provisions of the Social Security Act that condition the eligibility of certain illegitimate children for a surviving child's insurance benefits upon a showing that the deceased wage earner was the claimant child's parent and, at the time of his death, was living with the child or was contributing...

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