Joan L. Brehm and Mark J. Brehm v. Patricia Roberts Harris, Secretary of Health, Education and Welfare

619 F.2d 1016, 57 A.L.R. Fed. 933, 1980 U.S. App. LEXIS 18637
CourtCourt of Appeals for the Third Circuit
DecidedApril 14, 1980
Docket79-1870
StatusPublished
Cited by9 cases

This text of 619 F.2d 1016 (Joan L. Brehm and Mark J. Brehm v. Patricia Roberts Harris, Secretary of Health, Education and Welfare) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Joan L. Brehm and Mark J. Brehm v. Patricia Roberts Harris, Secretary of Health, Education and Welfare, 619 F.2d 1016, 57 A.L.R. Fed. 933, 1980 U.S. App. LEXIS 18637 (3d Cir. 1980).

Opinions

OPINION OF THE COURT

WEIS, Circuit Judge.

Three years after he began receiving social security disability benefits, Cloyd E. Brehm and his wife adopted Mark as their son. HEW refused to make child insurance payments for Mark because the Social Security Act required that he have lived with and been dependent on Cloyd for a year before his disability began. Mark argues that he has been denied equal protection because under the Act, afterborn natural children, as well as afteradoptees who are stepchildren or natural children of the wage earner, are eligible for benefits. We conclude that Mark’s challenge must fail because the classification in the Act is within the competence of Congress and is not unconstitutional.

Wage earner Cloyd E. Brehm began receiving social security disability payments in 1972. Two years later, 16 year old Mark, who was not related to Cloyd or his wife Joan, began living with them. In 1975, after completing the investigation required by state law, the Court of Common Pleas of Cumberland County, Pennsylvania, decreed that Mark was formally adopted as a son by Cloyd and Joan Brehm. In the following month, Mark applied for social security child insurance benefits. A few weeks later Joan filed for the payments due the wife of a disabled wage earner when she is caring for a child entitled to benefits. 42 U.S.C. § 402(b)(1) (1976 & Supp. II 1978). HEW [1018]*1018denied both claims on the ground that the Social Security Act required that aftera-dopted children live with and receive one-half of.their support from the wage earner for one year before the onset of the disability. Since these conditions had not been met, neither Mark nor Joan, whose eligibility was derivative through Mark, was entitled to benefits.

The Brehms appealed to the district court, contending that denying benefits to an adopted but not otherwise related child while granting compensation to afterborn natural children and afteradopted stepchildren was unconstitutional. Finding no dispute on the facts, the district court entered summary judgment for the Secretary.

The claimants attack the statute as violating the fifth amendment’s guarantee of equal protection and due process. They argue that since natural children born after the onset of the wage earner’s disability are entitled to benefits, as are afteradopted stepchildren, 42 U.S.C. § 402(d)(3), (8)(C) (1976), the exclusion of other afteradopted children who in fact become dependent on the disabled parent lacks a rational basis. The Brehms contend that congressional fear of sham adoptions is unfounded since the court decree here, as would be true in other states, was issued only after thorough investigation of the circumstances and consideration of the child’s welfare. See, e. g., Pa.Stat.Ann. tit. 1, §§ 331, 335, 501 (Purdon Supp. 1978).

We begin our discussion with a brief review of the statute’s history. After enacting the provisions of the Social Security Act establishing retirement and disability payments to eligible participants, Ch. 836, § 103(a), 70 Stat. 815 (1956); Ch. 531, tit. II, 49 Stat. 622 (1935), Congress responded to the need to provide for the wage earner’s dependents. It recognized that when a wage earner retires or is physically unable to continue work, his income is reduced and his dependents consequently suffer a diminution in the amount of their support. To satisfy this need, the Act was amended to provide secondary benefits for a spouse and children. With due allowance for the solvency of the program and the need to prevent abuse, various categories of eligibility were defined and modified by amendments over the years.

In some circumstances the standards governing benefits for dependents of a disabled wage earner differed from those applicable to dependents of a retired worker. For example, children adopted after the wage earner’s eligibility for disability benefits had accrued were not required to establish their earlier dependence on the wage earner, unlike afteradopted children of retired wage earners. In 1972, Congress eliminated this disparity and created a single standard. The amendment enacted in that year provided that there would be no payments to a child adopted after a wage earner became entitled to benefits for disability or retirement unless the child:

(1) was the natural child or stepchild of the wage earner, or
(2) was adopted by court decree, and
(a) was living with the wage earner for a year before he became entitled to benefits, and
(b) received at least half support from the wage earner.

42 U.S.C. § 402(d)(8) (1976).1

The House Report articulated several reasons for concluding that amendments were [1019]*1019necessary. The Ways and Means Committee thought the rules governing benefits for afteradopted children were too complex and the same standards should apply to claims derivative from those of both retired and disabled workers. The report also explained that “benefits for a child who is adopted by a worker already getting old-age or disability benefits should be paid only when the child lost a source of support because his parent retired or became disabled, and that the law should include safeguards against abuse through adoption of children solely to qualify them for benefits.” H.R.Rep.No.231, 92 Cong., 1st Sess. 52 reprinted in [1972] U.S.Code Cong. & Admin.News, 4989, 5039.

It is against this background that constitutional tests must be examined. The standard for reviewing classifications within the Social Security Act has been discussed at some length in a series of Supreme Court cases. Claimants rely principally on Jimenez v. Weinberger, 417 U.S. 628, 94 S.Ct. 2496, 41 L.Ed.2d 363 (1974), which struck down a provision denying payments to certain afterborn illegitimate children of a disabled wage earner. The Court found that the primary purpose in creating children’s benefits was to provide support for dependents of the wage earner. Id. at 634, 94 S.Ct. at 2500. Although recognizing a legitimate congressional interest in preventing abuse, the Court determined that the classification at issue was not reasonably related to that aim because the potential for spurious claims was “exactly the same” for both statutorily created subclasses of afterborn illegitimate children. Id. at 636, 94 S.Ct. at 2501.2 Therefore, the statutory scheme conferring benefits on one subclass but not the other was found to violate the equal protection guarantee implicit in the fifth amendment’s due process clause. Id. at 637, 94 S.Ct. at 2502.

A year later, the Court upheld the nine month duration-of-relationship requirement for social security survivors’ benefits against a fifth amendment challenge. Wein-berger v. Salfi, 422 U.S. 749, 95 S.Ct. 2457, 45 L.Ed.2d 522 (1975). In doing so, the Court looked to Flemming v. Nestor, 363 U.S. 603, 80 S.Ct.

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619 F.2d 1016, 57 A.L.R. Fed. 933, 1980 U.S. App. LEXIS 18637, Counsel Stack Legal Research, https://law.counselstack.com/opinion/joan-l-brehm-and-mark-j-brehm-v-patricia-roberts-harris-secretary-of-ca3-1980.