weinberger
salfi
argued
march
decided
june
husband
less
six
months
died
appellee
widow
filed
applications
mother
social
security
insurance
benefits
child
insurance
benefits
daughter
previous
marriage
social
security
administration
ssa
initially
reconsideration
regional
level
denied
applications
basis
requirements
social
security
act
act
ed
supp
iii
define
widow
child
exclude
surviving
wives
stepchildren
respective
relationships
deceased
wage
earner
less
nine
months
prior
death
appellees
widow
child
seeking
declaratory
injunctive
relief
brought
class
action
federal
district
behalf
widows
denied
benefits
requirements
concluding
jurisdiction
held
requirements
constituted
constitutionally
invalid
irrebuttable
presumptions
accordingly
enjoined
appellants
department
health
education
welfare
hew
secretary
ssa
various
officials
denying
benefits
basis
requirements
held
district
jurisdiction
jurisdiction
barred
third
sentence
provides
action
hew
secretary
officer
employee
thereof
shall
brought
inter
alia
recover
claim
arising
title
ii
act
covers
survivors
disability
insurance
benefits
pp
third
sentence
contrary
district
view
merely
codify
doctrine
exhaustion
remedies
plain
sweeping
language
moreover
construe
narrowly
render
superfluous
view
first
two
sentences
provide
secretary
findings
decision
hearing
shall
binding
upon
parties
hearing
shall
reviewed
except
provided
inter
alia
requires
administrative
exhaustion
pp
merit
appellees
argument
action
arises
constitution
act
barred
since
although
claim
arise
constitution
also
arises
act
furnishes
standing
substantive
basis
constitutional
claim
pp
section
third
sentence
extends
action
seeking
recover
social
security
claim
irrespective
whether
resort
judicial
processes
necessitated
discretionary
decisions
secretary
nondiscretionary
application
allegedly
unconstitutional
statutory
restrictions
although
precluding
constitutional
challenges
simply
requires
brought
jurisdictional
grants
contained
act
thus
conformity
standards
apply
nonconstitutional
claims
arising
act
johnson
robison
distinguished
pp
district
jurisdiction
unnamed
members
class
provides
ny
individual
final
decision
secretary
made
hearing
party
irrespective
amount
controversy
may
obtain
review
decision
civil
action
since
complaint
class
members
deficient
contains
allegations
even
filed
application
benefits
secretary
much
less
rendered
decision
final
otherwise
review
sought
pp
district
jurisdiction
named
appellees
allegations
complaint
regard
exhaustion
remedies
fall
short
meeting
literal
requirement
shall
final
decision
secretary
made
hearing
satisfying
secretary
regulations
specifying
finality
required
judicial
review
achieved
steps
hearing
administrative
judge
possibly
consideration
appeals
council
nevertheless
secretary
challenging
sufficiency
allegations
apparently
determined
purposes
action
reconsideration
determination
final
act
administrative
scheme
secretary
may
make
determination
term
final
decision
left
undefined
act
meaning
fleshed
secretary
regulations
judicial
administrative
interest
served
administrative
proceedings
secretary
concluded
matter
beyond
jurisdiction
determine
claim
neither
otherwise
invalid
cognizable
different
section
act
similar
considerations
control
regard
requirement
secretary
decision
made
hearing
since
circumstances
hearing
futile
wasteful
since
moreover
secretary
may
award
benefits
without
requiring
hearing
pp
requirements
unconstitutional
pp
statutory
classification
area
social
welfare
social
security
program
constitutional
rationally
based
free
invidious
discrimination
pp
noncontractual
claim
receive
funds
public
treasury
enjoys
constitutionally
protected
status
although
course
may
invidious
discrimination
among
claimants
stanley
illinois
cleveland
board
education
lafleur
distinguished
benefits
available
upon
compliance
objective
criterion
one
legislature
considered
bear
sufficiently
close
nexus
underlying
policy
objectives
used
test
eligibility
appellees
free
present
evidence
meet
specified
requirements
failing
constitutional
claim
test
meet
rationally
related
legitimate
legislative
objective
used
deprive
benefits
available
satisfy
test
vlandis
kline
distinguished
pp
test
meets
constitutional
standard
congress
concern
reasonably
aroused
possibility
abuse
use
sham
marriages
secure
social
security
benefits
legitimately
desired
avoid
rationally
concluded
particular
limitation
qualification
protect
occurrence
expense
difficulties
individual
determinations
justified
inherent
imprecision
objective
easily
administered
prophylactic
rule
pp
neither
fact
excludes
wives
married
anticipation
shortly
becoming
widows
fact
requirement
filter
every
claimant
wage
earner
lives
longer
anticipated
illness
recognized
terminal
nine
months
prior
death
necessarily
renders
statutory
scheme
unconstitutional
possible
debate
wisdom
excluding
legitimate
claimants
order
discourage
sham
relationships
relying
rule
may
exclude
obviously
sham
arrangements
congress
rationally
choose
adopt
course
pp
rehnquist
delivered
opinion
burger
stewart
white
blackmun
powell
joined
douglas
filed
dissenting
opinion
post
brennan
filed
dissenting
opinion
marshall
joined
post
harriet
shapiro
argued
cause
appellants
brief
solicitor
general
bork
assistant
attorney
general
hills
william
patton
william
kanter
kates
argued
cause
appellees
brief
bruce
berwald
john
gant
briefs
amici
curiae
urging
affirmance
filed
ralph
santiago
abascal
philip
goar
sanford
jay
rosen
san
francisco
neighborhood
legal
assistance
foundation
et
christopher
clancy
jonathan
weiss
legal
services
elderly
poor
justice
rehnquist
delivered
opinion
appellants
department
health
education
welfare
secretary
social
security
administration
various
officials
appeal
decision
district
northern
district
california
invalidating
social
security
eligibility
requirements
surviving
wives
stepchildren
deceased
wage
earners
supp
concluded
jurisdiction
action
virtue
eventually
certified
case
class
action
merits
concluded
requirements
social
security
act
stat
added
stat
amended
ed
supp
iii
constituted
irrebuttable
presumptions
constitutionally
invalid
authority
cleveland
board
education
lafleur
vlandis
kline
stanley
illinois
hold
district
jurisdiction
action
jurisdiction
claims
named
appellees
provisions
jurisdiction
claims
asserted
behalf
unnamed
class
members
decide
district
wrong
merits
constitutional
question
tendered
named
appellees
appellee
salfi
married
deceased
wage
earner
londo
salfi
may
despite
alleged
apparent
good
health
time
marriage
suffered
heart
attack
less
month
later
died
november
less
six
months
marriage
appellee
salfi
filed
applications
mother
insurance
benefits
child
insurance
benefits
daughter
previous
marriage
appellee
doreen
kalnins
applications
denied
social
security
administration
initially
reconsideration
regional
level
solely
basis
requirements
define
widow
child
definitions
exclude
surviving
wives
stepchildren
respective
relationships
deceased
wage
earner
less
nine
months
prior
death
named
appellees
filed
action
principally
relying
jurisdiction
sought
represent
class
widows
deceased
wage
earners
denied
widow
sic
children
insurance
benefits
wage
earner
died
within
nine
months
marriage
applicant
case
stepchild
applicant
mother
app
alleged
least
partial
exhaustion
remedies
regard
personal
claims
made
similar
allegations
regard
class
members
sought
declaratory
relief
challenged
statute
injunctive
relief
restraining
appellants
denying
mother
child
benefits
basis
statute
addition
attorneys
fees
costs
also
sought
damages
sums
due
owing
equivalent
amount
benefits
plaintiffs
became
entitled
date
said
entitlement
district
heard
case
summary
judgment
granted
substantially
relief
prayed
appellees
district
rendered
declaratory
judgment
holding
challenged
statute
unconstitutional
certified
class
consisting
otherwise
eligible
surviving
spouses
stepchildren
heretofore
disqualified
receipt
benefits
operation
requirements
enjoined
appellants
denying
benefits
basis
requirements
ordered
provide
benefits
time
original
entitlement
noted
probable
jurisdiction
appeal
judgment
addition
basic
contention
requirements
pass
constitutional
muster
appellants
present
several
contentions
bearing
scope
monetary
relief
awarded
district
contend
award
barred
sovereign
immunity
insofar
consists
retroactive
benefits
regardless
sovereign
immunity
invalidation
requirements
given
prospective
effect
district
properly
handle
certain
issues
conclude
requirements
constitutional
occasion
reach
retroactivity
issues
confronted
however
serious
question
whether
district
jurisdiction
suit
ii
third
sentence
provides
part
action
secretary
officer
employee
thereof
shall
brought
et
seq
title
recover
claim
arising
title
ii
social
security
act
third
sentence
codified
requirement
administrative
exhaustion
plain
language
sweeping
direct
action
shall
brought
merely
actions
shall
brought
administrative
remedies
exhausted
moreover
third
sentence
construed
nothing
requirement
administrative
exhaustion
superfluous
first
two
sentences
appear
margin
assure
administrative
exhaustion
required
specifically
prevent
review
decisions
secretary
save
provided
act
provision
made
latter
section
prescribes
typical
requirements
review
matters
administrative
agency
including
administrative
exhaustion
thus
district
treatment
third
sentence
ignored
sentence
plain
language
also
relegated
function
already
performed
statutory
provisions
somewhat
substantial
argument
third
sentence
deprive
district
jurisdiction
relies
fact
affects
actions
recover
claim
arising
title
ii
social
security
act
argument
present
action
arises
constitution
title
ii
course
fruitless
contend
appellees
claim
one
arise
constitution
since
constitutional
arguments
critical
complaint
fruitless
argue
action
also
arise
social
security
act
social
security
benefits
appellees
seek
recover
social
security
act
provides
standing
substantive
basis
presentation
constitutional
contentions
appellees
sought
district
granted
judgment
directing
secretary
pay
social
security
benefits
contend
action
arise
act
whose
benefits
sought
ignore
language
substance
complaint
judgment
third
sentence
precludes
resort
jurisdiction
adjudication
appellees
constitutional
contentions
also
argued
johnson
robison
supports
proposition
appellees
seeking
recover
claim
arising
title
ii
case
considered
provides
decisions
veterans
administrator
question
law
fact
law
administered
veterans
administration
providing
benefits
veterans
shall
final
conclusive
official
shall
power
jurisdiction
review
decision
action
nature
mandamus
otherwise
language
quite
different
reach
limited
decisions
secretary
issues
law
fact
rather
extends
action
seeking
recover
social
security
claim
irrespective
whether
resort
judicial
processes
necessitated
discretionary
decisions
secretary
application
allegedly
unconstitutional
statutory
restrictions
another
reason
johnson
robison
inapposite
expressly
based
least
part
fact
reached
constitutional
challenges
statutory
limitations
absolutely
judicial
consideration
issue
available
restriction
extraordinary
clear
convincing
evidence
required
ascribe
intent
congress
raised
serious
constitutional
question
validity
statute
construed
present
case
discussed
social
security
act
provides
jurisdiction
constitutional
challenges
provisions
thus
plain
words
third
sentence
preclude
constitutional
challenges
simply
require
brought
jurisdictional
grants
contained
act
thus
conformity
standards
applicable
nonconstitutional
claims
arising
act
result
unquestionable
constitutionality
also
manifestly
reasonable
since
assures
secretary
opportunity
prior
constitutional
litigation
ascertain
example
particular
claims
involved
neither
invalid
reasons
allowable
provisions
social
security
act
stated
social
security
act
provides
district
review
secretary
determinations
title
provides
ny
individual
final
decision
secretary
made
hearing
party
irrespective
amount
controversy
may
obtain
review
decision
civil
action
commenced
within
sixty
days
mailing
notice
decision
see
supra
question
must
deal
whether
provision
serve
jurisdictional
basis
district
consideration
present
case
conclude
provided
jurisdiction
named
appellees
unnamed
members
class
section
specifies
following
requirements
judicial
review
final
decision
secretary
made
hearing
commencement
civil
action
within
days
mailing
notice
decision
within
time
secretary
may
allow
filing
action
appropriate
district
general
plaintiff
residence
principal
place
business
second
third
requirements
specify
respectively
statute
limitations
appropriate
venue
waivable
parties
timely
raised
see
fed
rules
civ
proc
need
considered
interpret
first
requirement
however
central
requisite
grant
jurisdiction
statute
empowers
district
courts
review
particular
type
decision
secretary
type
final
made
hearing
present
case
complaint
seeks
review
denial
benefits
based
plain
wording
statute
alleged
unconstitutional
denial
grounds
beyond
power
secretary
affect
nonetheless
decision
secretary
purposes
heretofore
established
flemming
nestor
class
members
however
complaint
deficient
contains
allegations
even
filed
application
secretary
much
less
rendered
decision
final
otherwise
review
sought
class
thus
satisfy
requirements
jurisdiction
sources
jurisdiction
foreclosed
district
without
jurisdiction
much
complaint
concerns
class
entered
appropriate
order
dismissal
jurisdictional
issue
respect
named
appellees
somewhat
difficult
paragraph
entitled
exhaustion
remedies
complaint
alleges
fully
presented
claims
benefits
district
social
security
office
upon
denial
regional
office
reconsideration
alleges
dispute
regional
office
findings
fact
applications
statutory
law
issue
matter
constitutional
law
beyond
secretary
competence
face
allegations
regard
exhaustion
fall
short
meeting
literal
requirement
shall
final
decision
secretary
made
hearing
also
fall
short
satisfying
secretary
regulations
specify
finality
required
judicial
review
achieved
steps
hearing
administrative
law
judge
possibly
consideration
appeals
council
see
cfr
previously
recognized
doctrine
administrative
exhaustion
applied
regard
particular
administrative
scheme
issue
parisi
davidson
mckart
exhaustion
generally
required
matter
preventing
premature
interference
agency
processes
agency
may
function
efficiently
may
opportunity
correct
errors
afford
parties
courts
benefit
experience
expertise
compile
record
adequate
judicial
review
see
plainly
purposes
served
secretary
satisfied
issue
constitutionality
statutory
requirement
matter
beyond
jurisdiction
determine
claim
neither
otherwise
invalid
cognizable
different
section
act
benefit
applicant
presented
claim
sufficiently
high
level
review
satisfy
secretary
administrative
needs
exhaustion
merely
futile
applicant
also
commitment
administrative
resources
unsupported
administrative
judicial
interest
present
case
course
significantly
different
mckart
final
decision
statutorily
specified
jurisdictional
prerequisite
requirement
therefore
previously
noted
something
simply
codification
judicially
developed
doctrine
exhaustion
may
dispensed
merely
judicial
conclusion
futility
made
district
equally
true
requirement
final
decision
contained
precisely
analogous
classical
jurisdictional
requirements
contained
sections
title
term
final
decision
left
undefined
act
meaning
left
secretary
flesh
regulation
section
accords
secretary
complete
authority
delegate
statutory
duties
officers
employees
department
health
education
welfare
statutory
scheme
thus
one
secretary
may
specify
requirements
exhaustion
deems
serve
interests
effective
efficient
administration
may
substitute
conclusion
futility
contrary
conclusion
secretary
believe
inconsistent
congressional
scheme
bar
secretary
determining
particular
cases
full
exhaustion
internal
review
procedures
necessary
decision
final
within
language
much
may
said
statutory
requirement
secretary
decision
made
hearing
hearing
futile
wasteful
secretary
determined
issue
resolved
matter
constitutional
law
concededly
beyond
competence
decide
secretary
may
course
award
benefits
without
requiring
hearing
understand
statute
prevent
similarly
determining
favor
applicant
without
hearing
issues
regard
eligibility
save
one
considers
hearing
useless
present
case
secretary
raise
challenge
sufficiency
allegations
exhaustion
appellees
complaint
interpret
determination
purposes
litigation
reconsideration
determination
final
named
appellees
thus
satisfy
requirements
judicial
review
proceed
merits
claim
iii
district
relied
congressional
history
proposition
requirement
intended
prevent
use
sham
marriages
secure
social
security
payments
concluded
requirement
constitutes
presumption
marriages
like
salfi
precede
wage
earner
death
least
nine
months
entered
purpose
securing
social
security
benefits
presumption
moreover
conclusive
applicants
afforded
opportunity
disprove
presence
illicit
purpose
held
decisions
cleveland
board
education
lafleur
vlandis
kline
stanley
illinois
requirement
unconstitutional
presumed
fact
necessarily
universally
true
ultimate
conclusion
district
wrong
holding
requirement
unconstitutional
aware
various
holdings
related
cases
sound
precisely
note
explain
length
standard
testing
validity
congress
social
security
classification
clearly
stated
flemming
nestor
particularly
deal
withholding
noncontractual
benefit
social
welfare
program
social
security
must
recognize
due
process
clause
thought
interpose
bar
statute
manifests
patently
arbitrary
classification
utterly
lacking
rational
justification
goals
sought
legitimate
classification
adopted
rationally
related
achievement
goals
action
congress
arbitrary
violate
due
process
clause
fifth
amendment
area
economics
social
welfare
state
violate
equal
protection
clause
merely
classifications
made
laws
imperfect
classification
reasonable
basis
offend
constitution
simply
classification
made
mathematical
nicety
practice
results
inequality
lindsley
natural
carbonic
gas
problems
government
practical
ones
may
justify
require
rough
accommodations
illogical
may
unscientific
metropolis
theatre
city
chicago
sure
cases
cited
many
others
enunciating
fundamental
standard
equal
protection
clause
main
involved
state
regulation
business
industry
administration
public
welfare
assistance
contrast
involves
basic
economic
needs
impoverished
human
beings
recognize
dramatically
real
factual
difference
cited
cases
one
find
basis
applying
different
constitutional
standard
standard
consistently
applied
state
legislation
restricting
availability
employment
opportunities
goesaert
cleary
kotch
board
river
port
pilot
see
also
flemming
nestor
standard
true
principle
fourteenth
amendment
gives
federal
courts
power
impose
upon
views
constitutes
wise
economic
social
policy
statutory
classification
area
social
welfare
consistent
equal
protection
clause
fourteenth
amendment
rationally
based
free
invidious
discrimination
dandridge
williams
present
case
involving
federal
statute
directly
implicate
fourteenth
amendment
equal
protection
clause
classification
meets
test
articulated
dandridge
perforce
consistent
due
process
requirement
fifth
amendment
cf
bolling
sharpe
stanley
illinois
held
denial
equal
protection
guaranteed
fourteenth
amendment
state
deny
hearing
parental
fitness
unwed
father
hearing
granted
parents
whose
custody
children
challenged
referred
fact
rights
conceive
raise
one
children
deemed
essential
meyer
nebraska
basic
civil
rights
man
skinner
oklahoma
ights
far
precious
property
rights
may
anderson
vlandis
kline
statutory
definition
residents
purposes
fixing
tuition
paid
students
state
university
system
held
invalid
held
connecticut
purported
concerned
residency
might
time
deny
one
seeking
meet
test
residency
opportunity
show
factors
clearly
bearing
issue
lafleur
held
invalid
authority
stanley
vlandis
school
board
regulations
requiring
pregnant
school
teachers
take
unpaid
maternity
leave
commencing
four
five
months
expected
birth
stated
longstanding
recognition
freedom
personal
choice
matters
marriage
family
life
one
liberties
protected
due
process
clause
fourteenth
amendment
overly
restrictive
maternity
leave
regulations
constitute
heavy
burden
exercise
protected
freedoms
hold
cases
controlling
issue
us
unlike
claims
involved
stanley
lafleur
noncontractual
claim
receive
funds
public
treasury
enjoys
constitutionally
protected
status
dandridge
williams
supra
though
course
congress
may
invidiously
discriminate
among
claimants
basis
bare
congressional
desire
harm
politically
unpopular
group
dept
agriculture
moreno
basis
criteria
bear
rational
relation
legitimate
legislative
goal
jimenez
weinberger
dept
agriculture
murry
unlike
statutory
scheme
vlandis
social
security
act
purport
speak
terms
bona
fides
parties
marriage
make
plainly
relevant
evidence
bona
fides
inadmissible
starns
malkerson
supp
summarily
aff
benefits
available
upon
compliance
objective
criterion
one
legislature
considered
bear
sufficiently
close
nexus
underlying
policy
objectives
used
test
eligibility
like
plaintiffs
starns
appellees
completely
free
present
evidence
meet
specified
requirements
failing
effort
constitutional
claim
test
meet
rationally
related
legitimate
legislative
objective
used
deprive
benefits
available
satisfy
test
think
district
extension
holdings
stanley
vlandis
lafleur
eligibility
requirement
issue
turn
doctrine
cases
virtual
engine
destruction
countless
legislative
judgments
heretofore
thought
wholly
consistent
fifth
fourteenth
amendments
constitution
example
section
title
authorizes
action
requires
claim
filed
within
days
administrative
remedies
exhausted
indisputable
requirement
places
people
file
claims
days
exhaustion
different
class
people
file
claims
within
time
limit
follow
district
analysis
first
try
ascertain
congressional
purpose
behind
provision
probably
conclude
prevent
stale
claims
asserted
turn
questions
whether
flat
cutoff
provision
necessary
protect
secretary
stale
claims
whether
possible
make
individualized
determinations
prejudice
suffered
secretary
result
untimely
filing
whether
individualized
hearing
issue
required
case
represent
degree
judicial
involvement
legislative
function
eschewed
except
unusual
circumstances
quite
unlike
judicial
role
mandated
dandridge
belcher
nestor
well
host
cases
arising
legislative
efforts
regulate
private
business
enterprises
williamson
lee
optical
dealt
claim
equal
protection
clause
fourteenth
amendment
violated
oklahoma
statute
subjected
opticians
system
detailed
regulation
exempted
sellers
glasses
sustaining
statute
said
problem
legislative
classification
perennial
one
admitting
doctrinaire
definition
evils
field
may
different
dimensions
proportions
requiring
different
remedies
legislature
may
think
rule
intended
prophylactic
measure
presume
creditors
within
ambit
assess
finance
charges
rather
imposes
disclosure
requirement
members
defined
class
order
discourage
evasion
substantial
portion
class
title
ed
supp
iii
basic
congressional
enactment
defining
eligibility
oldage
survivors
insurance
benefit
payments
divided
lettered
subsections
subsection
entitled
mother
insurance
benefits
primarily
governs
claim
appellee
salfi
subsection
governs
eligibility
child
insurance
benefits
provision
appellee
kalnins
makes
claim
subsections
along
others
specify
types
social
risks
protection
provided
basically
statutory
insurance
policy
different
insurance
system
similarly
defined
statute
operated
governmental
entity
subject
consideration
geduldig
aiello
disposition
case
instructive
reversed
judgment
district
held
california
state
disability
insurance
program
invalid
insofar
failed
provide
benefits
disabilities
associated
normal
pregnancy
opinion
said
district
suggested
moderate
alterations
regarded
variables
disability
insurance
program
made
accommodate
substantial
expense
required
include
normal
pregnancy
within
program
protection
said
however
respect
expensive
class
disabilities
excluded
coverage
disabilities
equal
protection
clause
thought
compel
disability
payments
normal
pregnancy
hard
perceive
also
compel
payments
disabilities
suffered
participating
employees
evident
totally
comprehensive
program
substantially
costly
present
program
inevitably
require
state
subsidy
higher
rate
employee
contribution
lower
scale
benefits
suffering
insured
disabilities
combination
measures
nothing
constitution
however
requires
state
subordinate
compromise
legitimate
interests
solely
create
comprehensive
social
insurance
program
already
standards
question
raised
whether
statutory
provision
precisely
filters
factual
position
generated
congressional
concern
reflected
statute
rule
ban
prophylactic
provisions
directly
contrary
holding
mourning
supra
question
whether
provision
filters
substantial
part
class
caused
congressional
concern
whether
filters
members
class
nonmembers
question
whether
congress
concern
reasonably
aroused
possibility
abuse
legitimately
desired
avoid
rationally
concluded
particular
limitation
qualification
protect
occurrence
expense
difficulties
individual
determinations
justified
inherent
imprecision
prophylactic
rule
conclude
test
meets
constitutional
standard
danger
persons
entering
marriage
relationship
enjoy
traditional
benefits
instead
enable
one
spouse
claim
benefits
upon
anticipated
early
death
wage
earner
recognized
beginning
social
security
program
early
legislative
history
addresses
specifically
requirement
mother
child
benefits
discussions
analogous
requirement
receipt
wife
benefits
see
supp
iv
defining
wife
altmeyer
chairman
social
security
board
noted
requirement
strict
enough
prevent
marriage
anticipation
larger
benefit
payments
hearings
social
security
house
committee
ways
means
vol
similarly
advisory
council
social
security
stated
requirement
wives
allowance
payable
marital
status
existed
prior
husband
attainment
age
intended
serve
protection
abuse
plan
contracting
marriages
solely
purpose
acquiring
enhanced
benefits
marriage
takes
place
least
years
benefits
paid
reasonable
assumption
exists
contracted
good
faith
vol
case
wives
allowances
believed
desirable
protect
provisions
widows
benefits
abuse
requirement
minimum
period
marital
status
original
provision
intended
prevent
exploitation
fund
claims
benefits
persons
married
beneficiaries
solely
get
wife
benefits
experience
shown
requirement
unnecessarily
restrictive
purpose
number
cases
wife
permanently
barred
benefits
even
though
marriage
entered
many
years
wage
earner
became
beneficiary
amendment
taken
provision
section
wife
living
husband
order
eligible
benefits
sufficient
protection
trust
fund
remedy
situations
seem
inequitable
persons
likely
marry
prospect
receiving
modest
insurance
benefit
payable
years
committee
bill
reduce
requirements
widows
widowers
stepchildren
deceased
workers
year
months
present
law
contains
requirement
adopted
safeguard
payment
benefits
relationship
entered
order
secure
benefit
rights
present
requirements
generally
worked
satisfactorily
situations
called
committee
attention
benefits
payable
required
relationship
existed
somewhat
less
year
although
requirement
appropriate
less
stringent
requirement
adequate
undoubtedly
concerns
reflected
congressional
material
legitimate
involving
integrity
social
security
trust
fund
marriage
relationship
also
undoubtedly
true
requirement
operates
lessen
likelihood
abuse
sham
relationships
entered
contemplation
imminent
death
also
think
congress
rationally
concluded
imprecision
might
suffer
justified
ease
certainty
operation
note
initially
requirement
effective
within
somewhat
narrow
range
situations
lacking
certain
characteristics
might
reasonably
thought
establish
genuineness
marital
relationship
involves
children
thus
potential
mother
child
benefits
even
though
surviving
wife
married
period
nine
months
immediately
prior
husband
death
nonetheless
within
definition
widow
meets
one
disjunctive
requirements
mother
late
husband
son
daughter
legally
adopted
son
daughter
married
son
daughter
age
legally
adopted
son
daughter
circumstances
marriage
however
short
legally
adopted
child
age
circumstances
surviving
wife
may
claim
widow
mother
benefits
even
though
married
husband
full
nine
months
common
denominator
disjunctive
requirements
appears
us
assumption
responsibilities
normally
associated
marriage
think
congress
treated
alternative
indicia
fact
marriage
entered
reason
desire
shortly
acquire
benefits
marriages
widow
must
depend
qualifying
requirement
none
objective
evidences
assumption
marital
responsibilities
present
even
undoubtedly
excludes
surviving
wives
married
anticipation
shortly
becoming
widows
may
appellee
salfi
among
likewise
may
true
requirement
filter
every
claimant
wage
earner
lingers
longer
anticipated
case
illnesses
recognized
terminal
nine
months
prior
death
neither
facts
necessarily
renders
statutory
scheme
unconstitutional
possible
debate
wisdom
excluding
legitimate
claimants
order
discourage
sham
relationships
relying
rule
may
exclude
obviously
sham
arrangements
think
clear
congress
rationally
choose
adopt
course
large
numbers
people
eligible
programs
potentially
subject
inquiry
validity
relationships
wage
earners
people
include
classes
appellees
represent
also
claimants
programs
social
security
act
imposes
requirements
prophylactic
approach
thus
obviate
necessity
large
numbers
individualized
determinations
also
protects
large
numbers
claimants
satisfy
rule
uncertainties
delays
administrative
inquiry
circumstances
marriages
clear
individual
determinations
effectively
filter
sham
arrangements
since
neither
marital
intent
life
expectancy
knowledge
terminal
illness
shown
appellees
reliably
determinable
finally
possibility
prevailing
hearing
reasonably
expected
encourage
sham
relationships
administrative
difficulties
individual
eligibility
determinations
without
doubt
matters
congress
may
consider
determining
whether
rely
rules
sweep
broadly
evils
seek
deal
sense
requirement
represents
merely
substantive
policy
determination
benefits
awarded
basis
genuine
marital
relationships
also
substantive
policy
determination
limited
resources
well
spent
making
individual
determinations
expression
congress
policy
choice
social
security
system
millions
beneficiaries
best
served
prophylactic
rule
bars
claims
arising
bulk
sham
marriages
actually
entered
discourages
marriages
ever
taking
place
also
objective
easily
administered
constitution
preclude
policy
choices
price
conducting
programs
distribution
social
insurance
benefits
cf
geduldig
aiello
unlike
criminal
prosecutions
custody
proceedings
issue
stanley
illinois
programs
involve
affirmative
government
action
seriously
curtails
important
liberties
cognizable
constitution
thus
basis
requiring
individualized
determinations
congress
rationally
conclude
generalized
rules
appropriate
purposes
concerns
also
difficulties
individual
determinations
outweigh
marginal
increments
precise
effectuation
congressional
concern
might
expected
produce
judgment
district
reversed
footnotes
title
supp
iv
provides
full
term
widow
except
used
section
title
means
surviving
wife
individual
mother
son
daughter
legally
adopted
son
daughter
married
son
daughter
age
eighteen
legally
adopted
son
daughter
married
son
daughter
age
eighteen
married
time
legally
adopted
child
age
eighteen
married
period
less
nine
months
immediately
prior
day
died
month
prior
month
marriage
entitled
application
therefor
attainment
age
prior
month
entitled
benefits
subsection
section
title
attained
age
eighteen
entitled
application
therefor
entitled
benefits
subsection
section
subject
however
section
title
entitled
upon
application
therefor
attainment
required
age
entitled
widow
child
attainment
age
parent
insurance
annuity
section
title
title
supp
iii
provides
part
child
term
child
means
child
legally
adopted
child
individual
stepchild
stepchild
less
one
year
immediately
preceding
day
application
child
insurance
benefits
filed
insured
individual
deceased
less
nine
months
immediately
preceding
day
individual
died
literal
wording
section
bars
actions
time
enacted
prior
recodification
title
contained
title
grants
jurisdiction
district
courts
save
several
jurisdictional
grants
relevance
constitutionality
social
security
statutes
title
provides
full
finality
secretary
decision
findings
decisions
secretary
hearing
shall
binding
upon
individuals
parties
hearing
findings
fact
decision
secretary
shall
reviewed
person
tribunal
governmental
agency
except
herein
provided
action
secretary
officer
employee
thereof
shall
brought
section
title
recover
claim
arising
subchapter
title
provides
judicial
review
individual
final
decision
secretary
made
hearing
party
irrespective
amount
controversy
may
obtain
review
decision
civil
action
commenced
within
sixty
days
mailing
notice
decision
within
time
secretary
may
allow
action
shall
brought
district
judicial
district
plaintiff
resides
principal
place
business
reside
principal
place
business
within
judicial
district
district
district
columbia
part
answer
secretary
shall
file
certified
copy
transcript
record
including
evidence
upon
findings
decision
complained
based
shall
power
enter
upon
pleadings
transcript
record
judgment
affirming
modifying
reversing
decision
secretary
without
remanding
cause
rehearing
findings
secretary
fact
supported
substantial
evidence
shall
conclusive
claim
denied
secretary
decision
rendered
subsection
section
adverse
individual
party
hearing
secretary
failure
claimant
individual
submit
proof
conformity
regulation
prescribed
subsection
section
shall
review
question
conformity
regulations
validity
regulations
shall
motion
secretary
made
files
answer
remand
case
secretary
action
secretary
may
time
good
cause
shown
order
additional
evidence
taken
secretary
secretary
shall
case
remanded
hearing
additional
evidence
ordered
modify
affirm
findings
fact
decision
shall
file
additional
modified
findings
fact
decision
transcript
additional
record
testimony
upon
action
modifying
affirming
based
additional
modified
findings
fact
decision
shall
reviewable
extent
provided
review
original
findings
fact
decision
judgment
shall
final
except
shall
subject
review
manner
judgment
civil
actions
action
instituted
accordance
subsection
shall
survive
notwithstanding
change
person
occupying
office
secretary
vacancy
office
argued
third
sentence
simply
serves
prevent
bypass
requirements
filing
district
complaint
alleging
entitlement
prior
applying
benefits
administrative
channels
entitlement
sections
act
specify
filing
application
prerequisite
entitlement
event
award
benefits
absent
application
see
ed
supp
iii
see
also
application
filed
either
approved
event
suit
benefits
mooted
denied
even
denial
nonfinal
still
decision
secretary
virtue
second
sentence
may
reviewed
save
pursuant
brother
brennan
relies
heavily
post
passage
senate
document
entitled
monograph
attorney
general
committee
administrative
procedure
doc
pt
basic
monograph
described
embodying
results
investigations
made
staff
said
committee
relative
administrative
practices
procedures
several
agencies
government
ii
following
text
monograph
appendix
turn
described
foreword
follows
statement
developed
report
bureau
survivors
insurance
making
certain
recommendations
board
consideration
describes
essential
features
hearing
review
system
authorized
board
designed
meet
statutory
requirements
social
purposes
survivors
insurance
program
developed
several
months
leadership
ralph
fuchs
professor
law
washington
university
louis
consultant
bureau
bureau
report
main
written
foreword
follows
report
somewhat
smaller
type
second
parts
entitled
considerations
affecting
hearing
review
system
within
second
part
appears
language
justice
brennan
dissent
characterizes
reading
social
security
board
gave
provision
soon
went
effect
post
doubts
report
consultant
properly
characterized
incorporating
reading
social
security
board
gave
provision
even
report
whole
stated
approved
board
indication
approval
extends
beyond
report
conceptualization
essential
features
hearing
review
system
event
agree
administrative
agency
general
discussion
statute
occurring
passage
context
require
focus
closely
operative
impact
particular
provision
either
important
indicator
congressional
intent
dissent
suggests
post
authoritative
source
proposition
provision
serves
particular
function
finally
even
report
accurate
reading
act
significance
goes
whether
third
sentence
serves
function
addition
believe
serves
possibility
district
interpretation
renders
third
sentence
largely
superfluous
rather
totally
sufficient
disturb
analysis
role
sentence
case
title
ii
contains
survivors
disability
insurance
programs
codified
et
seq
since
basis
district
jurisdiction
question
whether
authority
enjoin
operation
requirements
section
accords
authority
affirm
modify
reverse
decision
secretary
contains
suggestion
reviewing
empowered
enter
injunctive
decree
whose
operation
reaches
beyond
particular
applicants
view
dispositions
constitutional
issues
case
significance
problem
goes
jurisdiction
empowered
enjoin
operation
federal
statute
district
required
hear
case
without
jurisdiction
however
whether
properly
convened
hold
federal
statute
unconstitutional
civil
action
federal
agency
officers
parties
thus
direct
appellate
jurisdiction
mclucas
dechamplain
title
secretary
shall
full
power
authority
make
rules
regulations
establish
procedures
inconsistent
provisions
subchapter
necessary
appropriate
carry
provisions
shall
adopt
reasonable
proper
rules
regulations
regulate
provide
nature
extent
proofs
evidence
method
taking
furnishing
order
establish
right
benefits
hereunder
section
jurisdiction
weinberger
wiesenfeld
similarly
present
case
secretary
stipulated
exhaustion
futile
make
contentions
wiesenfeld
complied
requirements
secretary
also
briefly
argues
requirement
rationally
serves
interest
providing
benefits
persons
likely
become
dependent
upon
wage
earner
brief
appellants
view
conclusion
regard
principal
argument
need
consider
justification
similarly
natural
adopted
child
deceased
wage
earner
need
meet
requirement
see
supp
iii
according
social
security
administration
calendar
applicants
mother
benefits
child
benefits
benefits
figures
include
large
numbers
persons
qualify
bases
duration
relationship
wage
earner
also
doubtlessly
exclude
persons
even
apply
durational
restriction
thereby
dissuaded
entering
relationship
feel
magnitude
potential
determinations
also
developed
reference
social
security
administration
estimate
judgment
class
named
appellees
sought
represent
involve
payments
million
assuming
retroactivity
figure
reflect
payments
behalf
persons
met
objective
requirement
meet
therefore
either
never
applied
never
entered
relationship
see
defining
wife
husband
widower
various
definitions
impose
requirements
regard
wife
benefits
ed
supp
iii
husband
benefits
widower
benefits
ed
supp
iii
addition
widow
benefits
ed
supp
iii
available
women
satisfy
definition
widow
parent
benefits
also
subject
objective
eligibility
requirement
similar
requirement
stepparents
adoptive
parents
may
receive
benefits
respect
deceased
child
providing
least
half
support
marriage
adoption
creating
relationship
occurred
prior
child
birthday
appellees
contend
marital
intent
life
expectancy
reliably
determined
argue
however
marriage
entered
contemplation
imminent
death
unless
wage
earner
terminal
illness
known
inquiry
need
go
farther
issue
whether
parties
marriage
knew
illness
claim
applicants
demonstrate
state
knowledge
physicians
affidavits
documentary
medical
evidence
contentions
however
supported
factual
rebuttals
variety
difficulties
congress
entitled
expect
encountered
see
mcgowan
maryland
example
evidence
knowledge
terminal
illness
ordinarily
control
applicants
suggests
bear
burden
proof
burden
convincingly
carried
respect
wage
earners
happened
physical
examinations
shortly
weddings
hand
awarding
benefits
wage
earner
examination
medical
evidence
available
encourage
participants
sham
arrangements
conceal
adverse
medical
evidence
even
adequate
medical
evidence
available
easily
difficulties
determining
whether
wage
earner
physical
condition
amounted
terminal
illness
concept
restricted
conditions
virtually
certain
result
early
death
benefits
probably
broadly
available
since
certainty
imminent
death
rather
mere
high
probability
prerequisite
sham
relationship
yet
inquiries
degree
likelihood
death
become
complex
indeed
additional
problems
appellees
proposed
test
arise
like
requirement
precisely
related
objective
denying
benefits
sought
basis
sham
relationships
first
place
presumably
necessary
limit
requirement
terminal
illness
inquiries
instances
death
occurred
within
specified
period
marriage
also
appear
necessary
set
outside
limit
length
period
within
death
expected
disqualify
applicants
paraphrasing
lord
keynes
long
run
expected
die
yet
always
persons
one
side
lines
seriously
disadvantaged
persons
side
basically
appellees
test
clearly
exclude
persons
knew
wage
earner
imminent
death
entered
marriages
reasons
entirely
unrelated
social
security
benefits
fulfill
promises
longstanding
engagement
thus
appellees
proposed
test
subject
exactly
constitutional
attacks
direct
toward
test
congress
chose
rely
appellees
point
supp
iii
provides
limited
exceptions
requirement
unless
secretary
determines
time
marriage
wage
earner
reasonably
expected
live
nine
months
argue
represents
congress
recognition
consideration
impose
inordinate
administrative
burden
argument
without
merit
section
expresses
congress
willingness
accept
inquiries
regard
limited
classes
bear
particular
indices
genuineness
section
applicable
cases
accidental
death
death
line
military
duty
remarriages
persons
previously
married
nine
months
says
nothing
feasibility
making
inquiries
circumstances
much
less
rationality
choosing
justice
douglas
dissenting
agree
justice
brennan
clearly
jurisdiction
extended
discussion
subject
unwarranted
merits
believe
main
problem
legislatively
created
presumptions
frequently
invade
right
jury
trial
see
tot
black
concurring
present
law
designed
bar
payment
certain
social
security
benefits
purpose
marriage
obtain
benefits
whether
aim
particular
marriage
question
fact
decided
jury
appropriate
case
therefore
vacate
remand
case
give
salfi
right
show
marriage
offend
statutory
scheme
sham
justice
brennan
justice
marshall
joins
dissenting
district
err
view
either
holding
jurisdiction
virtue
holding
requirements
ed
supp
iii
constitutionally
invalid
jurisdiction
nonetheless
treats
question
fully
obliged
well
least
insofar
research
consideration
unaided
help
ordinarily
offered
adversary
consideration
adequate
convinced
quite
wrong
intended
reach
construction
attributes
congress
purpose
contrary
established
notions
administrative
exhaustion
absolutely
without
support
clear
language
legislative
history
statute
today
decision
square
conflict
johnson
robison
finally
even
exclusive
route
adjudicating
actions
seeking
payment
claim
see
apply
declaratory
injunctive
aspects
suit
rejects
district
conclusion
codified
requirement
administrative
exhaustion
basis
third
sentence
section
characterizes
sweeping
direct
stating
action
shall
brought
merely
actions
shall
brought
administrative
remedies
exhausted
ante
sentence
say
action
kind
shall
brought
general
grants
jurisdiction
may
result
entitling
someone
benefits
title
ii
act
says
merely
action
shall
brought
et
seq
recover
claim
arising
title
ii
emphasis
added
action
believe
arise
title
ii
manner
intended
least
part
action
recover
claim
see
parts
infra
section
believe
bans
except
suits
arise
title
ii
sense
require
application
statute
set
facts
seek
nothing
determination
eligibility
claimed
arise
act
thus
basically
agree
district
including
last
sentence
merely
codifies
usual
requirements
administrative
exhaustion
last
sentence
particular
provides
plaintiff
avoid
first
two
sentences
bringing
action
general
grant
jurisdiction
claiming
social
security
act
provides
certain
rights
rather
claim
plaintiff
must
exhaust
administrative
remedies
district
limited
review
secretary
decision
manner
prescribed
suggests
reading
makes
last
sentence
redundant
reading
social
security
board
gave
provision
soon
went
effect
document
prepared
approved
board
january
outline
procedures
followed
newly
enacted
social
security
act
amendments
interaction
described
follows
judicial
review
section
act
section
provides
civil
suits
social
security
board
district
courts
may
filed
parties
hearings
board
dissatisfied
final
decisions
board
review
board
actions
suits
consist
review
board
records
cases
thus
one
hand
board
protected
possibility
reversals
decisions
separate
actions
filed
purpose
actions
kind
specifically
excluded
section
hand
judicial
review
basis
board
records
cases
makes
necessary
record
case
best
possible
state
avoid
difficulties
challenge
occurs
federal
security
agency
social
security
board
basic
provisions
adopted
social
security
board
hearing
review
survivors
insurance
claims
discussion
certain
administrative
problems
legal
consideration
attorney
general
committee
administrative
procedure
administrative
procedures
government
agencies
doc
pt
thus
agency
responsible
enforcement
title
ii
adopted
construction
statute
gave
last
sentence
meaning
rejects
superfluous
already
performed
statutory
provisions
ante
explained
margin
sentence
superfluous
board
obviously
regard
administrative
interpretations
agencies
statutes
administer
ordinarily
entitled
great
weight
see
johnson
robison
udall
tallman
instance
contemporary
social
security
board
intimately
involved
formulation
amendments
thus
must
presumed
insight
legislative
intent
indeed
adopt
view
last
sentence
far
determine
assume
inserted
precisely
cover
situation
suit
attacking
constitutionality
section
title
ii
seeking
establish
eligibility
despite
provisions
statute
yet
able
point
evidence
congress
concerned
kind
lawsuit
formulated
sections
able
find
either
without
clear
evidence
indeed
without
evidence
attribute
congress
intention
filter
sort
constitutional
attack
adjudication
constitutionality
congressional
enactments
generally
thought
beyond
jurisdiction
administrative
agencies
oestereich
selective
service
harlan
concurring
result
johnson
robison
see
davis
administrative
law
treatise
thus
case
one
facts
dispute
sections
act
possibly
applicable
question
exhaustion
whether
require
exhaustion
nonexistent
administrative
remedies
see
aircraft
diesel
equipment
hirsch
assume
basis
legislative
history
clear
words
statute
congress
intended
require
exhaustion
kind
case
impute
congress
requirement
futile
exhaustion
issues
case
discussed
actual
issues
way
clarified
factual
findings
made
agency
expertise
apply
see
basis
imputing
odd
intent
especially
since
discussed
believe
clear
import
wording
statute
contrary
think
quite
clear
claim
arising
title
ii
one
alleges
title
grants
someone
certain
rights
claim
arise
title
statute
applied
salfi
certainly
lose
instead
case
arises
constitution
seeks
hold
invalid
result
reached
statute
johnson
robison
supra
well
cases
construing
meaning
arising
jurisdictional
statutes
dictate
result
johnson
construing
language
appears
ante
said
prohibitions
appear
aimed
review
decisions
law
fact
arise
administration
veterans
administration
statute
providing
benefits
veterans
decision
law
fact
statute
made
administrator
interpretation
application
particular
provision
statute
particular
set
facts
thus
questions
law
presented
proceedings
arise
constitution
statute
whose
validity
challenged
citation
omitted
ecisions
administrator
question
law
fact
concerning
claim
benefits
payments
law
administered
veterans
administration
shall
final
conclusive
supp
emphasis
added
aside
johnson
cases
concerning
meaning
arising
jurisdictional
statutes
affirm
claim
arises
constitution
social
security
act
consistently
held
controversy
regarding
title
land
arise
federal
law
merely
one
parties
derived
title
act
congress
shulthis
mcdougal
see
oneida
indian
nation
county
oneida
rather
suit
enforce
right
takes
origin
laws
necessarily
one
arising
laws
shoshone
mining
rutter
oneida
indian
nation
supra
rehnquist
concurring
unless
dispute
requires
resolution
decision
concerning
federal
law
case
arise
federal
law
even
federal
statute
right
shulthis
mcdougal
supra
oneida
indian
nation
supra
thus
arising
term
art
jurisdictional
statutes
referring
least
part
body
law
necessary
consider
order
determine
rights
question
dispute
application
social
security
act
controversy
concerns
whether
constitution
permits
result
social
security
act
require
therefore
case
concern
claim
arising
title
ii
precluded
last
sentence
consideration
case
concern
claim
arising
title
ii
least
part
action
recover
claim
emphasis
added
district
dealt
recover
claim
aspect
gainville
richardson
supp
mass
judge
wyzanski
wrote
concerning
effect
last
sentence
present
action
plaintiff
perhaps
improperly
seek
damages
complaint
also
prayers
declaratory
judgment
social
security
act
unconstitutional
injunction
restraining
defendant
applying
section
successful
respect
prayers
plaintiff
language
statute
recover
claim
benefits
recovery
benefits
still
need
resort
administrative
process
effect
declaratory
judgment
injunction
preclude
secretary
making
challenged
deduction
holding
gainville
supra
applies
squarely
case
complaint
sought
declaratory
injunctive
relief
respect
named
plaintiffs
class
well
retroactive
benefits
app
injunction
sought
either
order
provide
benefits
opportunity
hearing
genuineness
status
plaintiffs
similarly
situated
thus
even
precludes
granting
retroactive
benefits
except
rationale
gainville
supra
preclude
granting
declaratory
injunctive
relief
class
since
relief
requested
necessarily
tantamount
recovery
claim
indeed
appellants
seem
conceded
much
case
since
argued
preclusive
regard
retroactive
benefits
see
supra
concludes
jurisdiction
claim
retroactive
benefits
named
plaintiffs
see
part
infra
gainville
rationale
jurisdiction
claims
class
declaratory
injunctive
relief
jurisdiction
one
jurisdictional
statute
another
part
action
surely
jurisdiction
whole
finally
even
agree
exclusive
route
consideration
kind
case
dissent
treatment
exhaustion
requirement
ante
admits
ante
purposes
administrative
exhaustion
served
secretary
satisfied
issue
constitutionality
statutory
requirement
matter
beyond
jurisdiction
determine
claim
neither
otherwise
invalid
cognizable
different
section
act
nonetheless
construes
statute
permit
secretary
specify
requirements
exhaustion
deems
serve
interests
effective
efficient
administration
may
substitute
conclusion
futility
contrary
conclusion
secretary
ante
emphasis
supplied
holds
finality
hearing
requirements
jurisdictional
fail
see
left
secretary
determine
point
futility
reached
power
exercised
apparently
regard
secretary
needs
without
taking
account
claimants
interest
exhausting
futile
remedies
obtaining
promptly
benefits
unconstitutionally
denied
leaves
way
open
lawless
application
power
since
secretary
evidently
case
assert
assert
full
exhaustion
requirements
pleases
moreover
significantly
flagrantly
distorts
record
case
say
secretary
waived
exhaustion
requirements
recognizing
futility
true
secretary
claim
lack
jurisdiction
failure
exhaust
individual
claim
see
supra
district
move
dismiss
entire
action
lack
jurisdiction
see
notice
motion
dismiss
summary
judgment
record
secretary
said
referring
provisions
clear
civil
action
permitted
individual
claim
arising
title
ii
act
action
review
final
decision
secretary
made
hearing
complaint
however
allege
jurisdiction
section
moreover
final
decision
secretary
matters
herein
complained
plaintiffs
exhausted
administrative
remedies
exhaustion
available
administrative
remedies
condition
precedent
plaintiffs
sic
bringing
action
defendants
issue
one
subject
matter
jurisdiction
defendants
memorandum
opposition
plaintiffs
motion
preliminary
injunction
record
first
emphasis
added
ii
merits
case
dealt
briefly
believe
apparent
face
opinion
today
holding
flatly
contrary
several
recent
decisions
specifically
vlandis
kline
dept
agriculture
murry
jimenez
weinberger
vlandis
said
ermanent
irrebuttable
presumptions
long
disfavored
due
process
clause
fourteenth
amendment
today
distinguishes
stanley
illinois
cleveland
board
education
lafleur
two
cases
struck
conclusive
presumptions
dealt
protected
rights
case
deals
noncontractual
claim
receive
funds
public
treasury
enjoys
constitutionally
protected
status
ante
vlandis
also
dealt
government
benefit
program
provision
education
public
expense
since
dispose
vlandis
stanley
lafleur
attempts
wish
away
vlandis
noting
connecticut
purported
concerned
residency
might
time
deny
one
seeking
meet
test
residency
opportunity
show
factors
clearly
bearing
issue
ante
yet
connecticut
statute
vlandis
set
residency
undefined
criteria
eligibility
defined
residency
certain
ways
definitions
resident
precisely
parallel
statute
defines
widow
child
part
number
months
marriage
ed
supp
iii
similarly
murry
supra
jimenez
supra
dealt
conclusive
presumptions
contained
statutes
setting
criteria
eligibility
government
benefits
distinguishes
cases
criteria
bear
rational
relation
legitimate
legislative
goal
ante
presumptions
murry
jimenez
irrational
presumption
case
even
irrational
presented
evidence
problem
collusive
marriages
one
exists
indeed
fact
congress
continually
moved
back
amount
time
required
avoid
irrebuttable
presumption
ante
suggests
found
time
period
set
depriving
deserving
people
benefits
without
alleviating
real
problem
collusion
reason
believe
period
likely
discard
high
proportion
collusive
marriages
periods
employed
earlier
says
administrative
difficulties
individual
eligibility
determinations
without
doubt
matters
congress
may
consider
determining
whether
rely
rules
sweep
broadly
evils
seek
deal
ante
said
stanley
illinois
supra
constitution
recognizes
higher
values
speed
efficiency
indeed
one
might
fairly
say
bill
rights
general
due
process
clause
particular
designed
protect
fragile
values
vulnerable
citizenry
overbearing
concern
efficiency
efficacy
may
characterize
praiseworthy
government
officials
less
perhaps
mediocre
ones
affirm
judgment
district
appellants
jurisdictional
statement
raised
one
questions
presented
hether
sovereign
immunity
bars
suit
insofar
seeks
retroactive
social
security
benefits
jurisdictional
statement
emphasis
added
argument
retroactive
benefits
available
class
waive
sovereign
immunity
bars
suit
seeking
retroactive
benefits
except
exhaustion
requirements
met
brief
appellants
see
also
tr
oral
arg
question
satisfied
jurisdiction
district
shapiro
satisfied
jurisdiction
extent
identified
class
required
retroactive
payments
members
class
emphasis
added
see
effect
cases
seeking
invalidate
unconstitutional
provision
title
ii
social
security
act
bartley
finch
supp
ed
summarily
aff
merits
sub
nom
bartley
richardson
gainville
richardson
supp
mass
griffin
richardson
supp
md
summarily
aff
diaz
weinberger
supp
sd
wiesenfeld
weinberger
supp
nj
aff
kohr
weinberger
supp
ed
appeal
docketed
bartley
finch
supra
one
cases
holding
exclusive
means
determining
constitutionality
provision
social
security
act
noncompliance
jurisdiction
district
went
decide
merits
affirmance
explicitly
merits
thus
must
taken
held
jurisdiction
even
though
complied
courts
grappled
contexts
see
filice
celebrezze
compare
cappadora
celebrezze
stuckey
weinberger
en
banc
cappadora
supra
judge
friendly
considering
application
review
decision
reopen
claim
statutory
qualification
cautioned
overly
literal
interpretation
sections
determined
affirm
merits
question
actually
raised
appellants
whether
jurisdiction
award
retroactive
benefits
despite
noncompliance
may
fairly
us
may
entailed
canvassing
jurisdictional
questions
today
discusses
since
reverses
merits
source
district
jurisdiction
immaterial
particularly
irrelevant
whether
jurisdiction
class
complaint
decision
latter
question
ante
characterized
dictum
norton
weinberger
appeal
docketed
district
declare
contested
portion
title
ii
social
security
act
unconstitutional
therefore
lack
jurisdiction
thus
exclusive
route
determination
constitutional
attacks
title
ii
suggests
ante
question
regarding
power
grant
injunction
without
jurisdiction
norton
without
power
enjoin
statute
improperly
convened
thus
norton
unlike
case
appropriate
vehicle
determination
jurisdictional
question
decided
today
sections
part
amendments
see
social
security
act
amendments
tit
ii
stat
social
security
act
contained
explicit
provisions
concerning
judicial
review
see
argues
ante
third
sentence
merely
forbids
bypass
via
separate
action
framed
review
secretary
decision
superfluous
application
prerequisite
entitlement
nce
application
filed
either
approved
denied
resulting
decision
secretary
second
sentence
reviewed
save
pursuant
analysis
faulty
several
respects
first
without
last
sentence
applicant
might
first
file
application
acted
upon
file
suit
benefits
title
ii
second
true
entitlement
benefits
hinge
upon
filing
application
instances
person
already
receiving
one
type
benefits
need
file
new
application
order
receive
another
category
benefits
see
ii
supp
iii
finally
even
application
filed
decision
made
upon
applicant
might
try
file
suit
seeking
review
administrative
record
de
novo
determination
eligibility
raise
question
whether
second
sentence
read
prescribe
way
administrative
record
shall
reviewed
third
sentence
makes
clear
however
action
except
review
administrative
record
available
suits
claiming
eligibility
statute
see
report
social
security
board
proposed
changes
social
security
act
doc
sess
hearings
social
security
house
committee
ways
means
vols
pp
testimony
altmeyer
chairman
social
security
board
indices
legislative
intent
administrative
interpretation
although
sparse
also
suggest
intended
interpreted
nothing
codification
ordinary
administrative
exhaustion
requirements
applicable
cases
presenting
questions
fact
interpretation
statute
report
social
security
board
see
supra
suggested
amendments
include
rovision
findings
fact
decisions
board
allowance
claims
shall
final
conclusive
provision
follow
precedent
world
war
veterans
act
legislation
respect
agencies
similar
board
handle
large
number
small
claims
hearings
amendments
altmeyer
explained
recommendation
follow
ing
precedent
laid
acts
volume
small
claims
review
findings
fact
lead
duplicate
administration
law
hearings
supra
vol
emphasis
added
thus
inception
exhaustion
provisions
became
clearly
intended
apply
claims
statutory
provisions
factual
determinations
paramount
house
representatives
report
says
provisions
subsection
similar
made
review
decisions
many
administrative
bodies
report
describes
basically
words
indication
latter
section
intended
way
alter
intent
indicated
quoted
sentence
legislate
ordinary
administrative
exhaustion
requirements
finally
statement
inserted
mitchell
commissioner
social
security
record
hearings
administration
social
security
disability
insurance
program
subcommittee
administration
social
security
laws
house
committee
ways
means
reflects
view
together
merely
reiterate
even
bit
redundantly
jurisdiction
review
determination
secretary
limited
review
record
made
secretary
made
amply
clear
second
third
sentences
provisions
power
hold
hearing
determine
merits
claim
statute
makes
clear
determination
claims
solely
function
secretary
least
twice
claimants
attempted
exhaust
pursuant
constitutional
attack
title
ii
met
administrative
holding
constitutional
claims
beyond
competence
administrative
agency
see
ephram
nestor
referee
decision
tr
flemming
nestor
lillian
daniels
administrative
law
judge
decision
cited
appellees
motion
affirm
dismiss
administrative
determination
agency
jurisdiction
due
great
deference
johnson
robison
last
sentence
upon
relies
heavily
refers
expressly
old
title
et
seq
thus
appropriate
assume
arising
used
sense
used
general
jurisdictional
statutes
johnson
discusses
length
reasons
concerning
claim
benefits
payments
language
eliminated
reasons
nothing
problem
constitutional
attacks
presented
johnson
presented
concluded
nothing
whatever
legislative
history
amendment
predecessor
clauses
suggests
congressional
intent
preclude
judicial
cognizance
constitutional
challenges
veterans
benefits
legislation
emphasis
added
summarily
affirmed
griffin
richardson
supp
md
expressed
basically
view
albeit
somewhat
less
clearly
although
case
argued
district
granted
retroactive
benefits
class
sure
injunction
issued
ordered
secretary
provide
benefits
time
original
entitlement
plaintiffs
class
represent
provided
said
plaintiffs
class
otherwise
fully
eligible
receive
said
benefits
supp
nd
cal
emphasis
added
points
ante
instances
see
supra
person
eligible
benefits
files
application
order
obviously
contemplates
administrative
proceedings
order
determine
whether
persons
otherwise
fully
eligible
finally
exhaustion
indeed
holds
always
prerequisite
eligibility
person
otherwise
fully
eligible
unless
exhausts
thus
believe
order
read
mandate
retroactive
benefits
require
claims
class
members
treated
marriage
requirement
exist
order
constitute
recovery
claim
view
proper
ignore
plain
language
statute
order
avoid
absurd
result
requiring
full
exhaustion
claims
one
even
point
futility
reached
statute
says
judicial
review
hearing
apparent
hearing
contemplated
full
evidentiary
hearing
see
rather
avoiding
statutory
language
holding
secretary
nonetheless
dispense
hearing
better
recognize
patent
inapplicability
statutory
language
kind
case
suggests
statute
never
intended
apply
constitutional
attacks
beyond
secretary
competence
indeed
cases
similar
one
administrative
exhaustion
functionally
impossible
example
weinberger
wiesenfeld
applicant
ineligible
benefits
man
fact
obviously
apparent
soon
appeared
social
security
office
surprisingly
refused
opportunity
even
file
application
benefits
case
slightly
different
since
salfi
precluded
obvious
fact
sex
fact
presumably
appear
filled
application
married
long
enough
yet
suggests
jurisdiction
wiesenfeld
stipulation
exhaustion
futile
ante
intimate
secretary
refused
waive
exhaustion
thereby
eliminated
jurisdiction
even
though
wiesenfeld
possibly
complied
statute
without
wrestling
application
clerk
somehow
forcing
file