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BROWN v. BOWEN

No. 1132, Docket 89-6271.

905 F.2d 632 (1990)

Jerome BROWN, Plaintiff-Appellant, v. Otis R. BOWEN, M.D., as Secretary of the Department of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 4, 1990.

Attorney(s) appearing for the Case

William W. Berry, Legal Services for the Elderly, Disabled, or Disadvantaged of Western New York, Inc., Buffalo, N.Y., for plaintiff-appellant.

Lynda Guild Simpson, Deputy Asst. Atty. Gen., Office of Legal Counsel, argued, Stuart M. Gerson, on the brief, Washington, D.C., Asst. U.S. Atty. Gen. Civ. Div. (Dennis C. Vacco, U.S. Atty.; William G. Kanter and Michael J. Singer, Attys., Appellate Staff, Civ. Div., Dept. of Justice, of counsel), for defendant-appellee.

Before KAUFMAN and WALKER, Circuit Judges and LEVAL, District Judge.

LEVAL, District Judge:

This appeal challenges the constitutionality of the Social Security Act's provision for deductions from old-age insurance benefits on account of excess earnings, 42 U.S.C. § 403(b). Under this provision as it stood in 1983, a beneficiary who continued to work after reaching retirement age, up to the age of 70, would suffer a reduction of benefits of $1 for every $2 earned (above a specified exempt amount).1...

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