JENSEN v. SCHWEIKER

No. 82-2106.

709 F.2d 1227 (1983)

Herbert O. JENSEN, Appellant, v. Richard S. SCHWEIKER, Secretary, Health and Human Services Dept., Appellee.

United States Court of Appeals, Eighth Circuit.

Decided June 22, 1983.


Attorney(s) appearing for the Case

Herbert O. Jensen, Bismarck, N.D., pro se.

Toby H. Hollander, St. Louis, Mo., for appellant.

Rodney S. Webb, U.S. Atty., Jerome C. Kettleson, Asst. U.S. Atty., Bismarck, N.D., for appellee.

Before ROSS, Circuit Judge, HENLEY, Senior Circuit Judge, and McMILLIAN, Circuit Judge.


HENLEY, Senior Circuit Judge.

Herbert O. Jensen, an inmate in the North Dakota State Penitentiary, filed this suit challenging the constitutionality of 42 U.S.C. § 423(f). That statute prohibits the payment of Social Security benefits to an individual for any month the individual is in prison on a felony conviction. The district court dismissed the claim for failure to exhaust administrative remedies and lack of jurisdiction. We reverse and remand for further...

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