PRICE v. HECKLER

No. 82-5870.

733 F.2d 699 (1984)

Thomas E. PRICE, Plaintiff-Appellant, v. Margaret M. HECKLER, Secretary of Health & Human Services, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided May 22, 1984.


Attorney(s) appearing for the Case

Thomas D. Price, San Diego, Cal., for plaintiff-appellant.

D. Michael Waltz, San Diego, Cal., for defendant-appellee.

Before WALLACE and ALARCON, Circuit Judges, and MARQUEZ, District Judge.


MARQUEZ, District Judge.

The sole issue for our decision is the constitutionality of the five month waiting period for entitlement to disability insurance benefits under 42 U.S.C. § 423(a)(1). This presents a matter of first impression. The district court held that the waiting period advanced legitimate legislative goals in a rational fashion and was therefore constitutional. Accordingly it found that Thomas E. Price was not entitled to benefits during the five...

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