LEIKIND v. SCHWEIKER

No. 81-1494.

671 F.2d 823 (1982)

Lillian LEIKIND, Appellant, v. Richard S. SCHWEIKER, Secretary of Health and Human Services, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided February 16, 1982.


Attorney(s) appearing for the Case

Kenneth A. Lechter, Marlow Heights, Md. (Michael J. Graham, Fisher & Walcek, Marlow Heights, Md., on brief), for appellant.

Gabriel E. DePass, Dept. of Health and Human Services, Office of the Gen. Counsel, Baltimore, Md. (Stuart E. Schiffer, Acting Asst. Atty. Gen., Washington, D. C., J. Frederick Motz, U. S. Atty., Randolph W. Gaines, Chief of Litigation, Baltimore, Md., on brief), for appellee.

Before BUTZNER, MURNAGHAN and ERVIN, Circuit Judges.


ERVIN, Circuit Judge:

The sole issue presented for review in this case is whether a provision of the Social Security Act pertaining to the quarters of coverage necessary to become eligible for benefits, 42 U.S.C. § 413, violates due process. Because we find the statute to be rational, we hold that it is constitutional and, for that reason, affirm the ruling of the district court.

I.

The facts are not in dispute. Lillian Leikind is the widow...

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