ANDUJAR v. BOWEN

No. 85-3933 Non-Argument Calendar.

802 F.2d 404 (1986)

Jose M. ANDUJAR, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

October 17, 1986.


Attorney(s) appearing for the Case

Laura C. Jones, Department of Health & Human Services, Atlanta, Ga., Dorothea Beane, Asst. U.S. Atty., Jacksonville, Fla., for defendant-appellee.

Before GODBOLD, VANCE and JOHNSON, Circuit Judges.


PER CURIAM:

Andujar's disability benefits were suspended because he was imprisoned after being convicted of two felonies and was not participating in an approved rehabilitation program. See 42 U.S.C. § 402(x)(1) (Supp. II 1985). He challenges the constitutionality and the application of § 402(x)(1), under which his disability benefits were suspended while he was incarcerated. Section 402(x)(1) suspends benefits to a prisoner

for any month during...

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