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Therrien v. Schweiker

795 F.2d 2 (1986)

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Therrien v. Schweiker

Unites States Court of Appeals for the Second Circuit

795 F.2d 2 (1986)

Facts

While Steven W. Therrien (plaintiff) was incarcerated, he applied for surviving-child benefits after his father died fully insured. Therrien intended to enroll in a correspondence school but was not yet enrolled when he applied for benefits. The Secretary of Health and Human Services, Richard Schweiker (defendant), denied Therrien’s application because he was not actually enrolled in an educational institution, as required by the Social Security Act, and because federal regulations excluded students enrolled in correspondence schools from eligibility. Therrien sued the secretary in a United States district court, and the court affirmed the secretary’s denial. Therrien appealed, arguing that the regulation excluding students who attend correspondence schools is inconsistent with 42 U.S.C. § 402(d)(1)(B)(i), which allows full-time students to receive surviving-child benefits, and that the statute impermissibly discriminates against indigent students.

Rule of Law

Issue

Holding and Reasoning (Winter, J.)

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