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CAPITANO v. SECRETARY OF HEALTH & HUMAN SERVICES

No. 624, Docket 83-6231.

732 F.2d 1066 (1984)

Sarah CAPITANO, Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Appellee.

United States Court of Appeals, Second Circuit.

Decided April 12, 1984.

Opinion on Denial of Rehearing September 17, 1984.

Attorney(s) appearing for the Case

Beaufort Noel Wilbern, Legal Services for the Elderly, Disabled or Disadvantaged of Western New York, Inc., Buffalo, N.Y. (Robert J. Reden, Jill Paperno, Law Student Interns, of counsel), for appellant.

Donald P. Simet, Asst. U.S. Atty., Buffalo, N.Y. (J. Paul McGrath, Asst. Atty. Gen., Salvatore R. Martoche, U.S. Atty., W.D.N.Y., Buffalo, N.Y., Randolph W. Gaines, Deputy Asst. Atty. Gen. Counsel for Litigation, Stanley Ericsson, Atty., Dept. of Health and Human Services, John M. Sacchetti, Chief, Retirement & Survivors Ins. Lit. Branch, Baltimore, Md., of counsel), for appellee.

Before KAUFMAN, OAKES and CARDAMONE, Circuit Judges.

OAKES, Circuit Judge.

The Social Security system provides primary benefits, based on one's own work, to retired workers who meet specified conditions. It also provides secondary benefits to the surviving dependents, often spouses, of deceased workers. The spouse benefit system, which is at the heart of this case, has been said to involve "essential arbitrariness," in that the provisions which make it up "incorporate no coherent rationale for entitlement."

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