Does the Secretary of State's test to determine whether a child is eligible for Social Security benefits have any constitutional implications?

MultiRegion, United States of America

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.

Other Questions


Is a beneficiary's marriage to a spouse entitled to Social Security benefits under the Social Security Benefits Act? (MultiRegion, United States of America)
What is the effect of the Secretary of State's determination that Clarence C. Slayter is not entitled to disability benefits under Title II of the Social Security Act? (MultiRegion, United States of America)
What is the test for a claim for Social Security benefits under the Social Security Act? (MultiRegion, United States of America)
What is the test for determining whether a person is disabled for the purpose of receiving social security benefits? (MultiRegion, United States of America)
What is the test for determining whether a party’s intention is a determining factor in determining whether there is a contract for services? (Canada (Federal), Canada)
What is the test for determining whether the Secretary of State has a burden of burden on a claimant in claiming disability benefits? (MultiRegion, United States of America)
What are the constitutional implications of the Social Security Secretary's policy of notacquiescing in disability claims? (MultiRegion, United States of America)
What is the test for determining whether age was a determining factor in determining whether a plaintiff should be retained or discharged? (MultiRegion, United States of America)
Is a state worker entitled to a reduction in state workers' compensation benefits under the Social Security Act? (MultiRegion, United States of America)
Is a mental health condition that can be controlled effectively with medication considered a disability for purposes of determining eligibility for social security benefits? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.