From our private database of 35,400+ case briefs...
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.)
What to do next…
Here's why 617,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 35,400 briefs, keyed to 984 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
