RUNDLE v. CALIFANO

No. 79-4381.

639 F.2d 542 (1981)

Michelle M. RUNDLE, by and through her next of friend and mother, Renee Rundle, on her behalf, Appellant, v. Joseph A. CALIFANO, Jr., Secretary of Health, Education and Welfare, Appellee.

United States Court of Appeals, Ninth Circuit.

Decided February 12, 1981.


Attorney(s) appearing for the Case

Jeff Spence, Seattle, Wash., for appellant.

William Kanter, Washington, D. C., on brief; Douglas N. Letter, Washington, D. C., argued, for appellee.

Before WRIGHT, NELSON and NORRIS, Circuit Judges.


EUGENE A. WRIGHT, Circuit Judge:

The issue before us is whether due process is violated by Section 202(d)(8) of the Social Security Act, which excludes from child's benefits those children who have been adopted by wage earners after the latter have become entitled to disability benefits.

Michelle Rundle, on whose behalf this appeal is taken by her adoptive mother, Renee Rundle, was not born until after Renee's eligibility for social security disability benefits...

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