The following excerpt is from Doran v. Schweiker, 681 F.2d 605 (9th Cir. 1982):
Doran, also relying on Lucas, responds that even if the Secretary's test promotes administrative convenience, this rationale is constitutionally impermissible if it conclusively denies illegitimate children the opportunity to establish their eligibility for benefits. See id. at 512, 96 S.Ct. at 2765; Jimenez v. Weinberger, 417 U.S. 628, 635-36, 94 S.Ct. 2496, 2501, 41 L.Ed.2d 363 (1974). The Secretary concedes that the government may not irrebuttably presume that certain illegitimate children are ineligible, but claims the "regular and substantial" test does not deny an illegitimate child the opportunity to demonstrate his father's support. The Secretary contends his test merely requires the child to prove his father's support was regular and substantial.
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