SIMS v. HARRIS

Nos. 78-1028, 78-1029.

607 F.2d 1253 (1979)

Viola SIMS, Plaintiff-Appellant, v. Patricia HARRIS, Secretary of Health, Education and Welfare, Defendant-Appellee. Faith VERNON, Plaintiff-Appellant, v. Patricia HARRIS, Secretary of Health, Education and Welfare, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

September 12, 1979.


Attorney(s) appearing for the Case

Ronald T. Vera, California Legal Assistance, San Francisco, Cal., on brief for plaintiffs-appellants.

D. Michael Waltz, Asst. U. S. Atty., San Diego, Cal., on brief for defendant-appellee.

Before WRIGHT and KENNEDY, Circuit Judges, and WILLIAMS, District Judge.


KENNEDY, Circuit Judge:

The issue presented on appeal is whether establishing different disability tests to determine the eligibility of widows, surviving divorced wives, and widowers for social security benefits creates a class not rationally related to a legitimate purpose in violation of the equal protection clause. We hold that it does not.

If the widow, surviving divorced wife or widower of a fully insured deceased wage earner is "disabled," and between...

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