Jose M. ANDUJAR, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-Appellee

Eleventh Circuit

Jose M. ANDUJAR, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-Appellee

802 F.2d 404, 1986 U.S. App. LEXIS 32338, 15 Soc. Serv. Rev. 167

CourtCourt of Appeals for the Eleventh Circuit

DecidedOctober 17, 1986

Docket85-3933

StatusPublished

Cited by12 cases

This text of 802 F.2d 404 (Jose M. ANDUJAR, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-Appellee) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Jose M. ANDUJAR, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-Appellee, 802 F.2d 404, 1986 U.S. App. LEXIS 32338, 15 Soc. Serv. Rev. 167 (11th Cir. 1986).

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Opinion

PER CURIAM:

Andujar’s disability benefits were suspended because he was imprisoned after being convicted of two felonies and was not participating in an approved rehabilitation program. See 42 U.S.C. § 402(x)(l) (Supp. II 1985). He challenges the constitutionality and the application of § 402(x)(l), under which his disability benefits were suspended while he was incarcerated. Section 402(x)(l) suspends benefits to a prisoner

for any month during which such individual is confined in a jail, prison, or other penal institution or correctional facility, pursuant to his conviction of an offense which constituted a felony under applicable law, unless such individual is actively and satisfactorily participating in a rehabilitation program which has been specifically approved for such individual by a court of law and, as determined by the Secretary, is expected to result in such individual being able to engage in substantial gainful activity upon release and within a reasonable time.

We hold that § 402(x)(l) is constitutional— we find no violation of due process, no punishment without trial, and no bill of attainder or ex post facto law. Cf. Fleming v. Nestor, 363 U.S. 603, 80 S.Ct. 1367, 4 L.Ed.2d 1435 (1960) (holding constitutional the termination of old-age benefits payable to an alien who is deported on certain grounds). Andujar’s other claims are also without merit.

AFFIRMED.

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PER CURIAM:

Andujar’s disability benefits were suspended because he was imprisoned after being convicted of two felonies and was not participating in an approved rehabilitation program. See 42 U.S.C. § 402(x)(l) (Supp. II 1985). He challenges the constitutionality and the application of § 402(x)(l), under which his disability benefits were suspended while he was incarcerated. Section 402(x)(l) suspends benefits to a prisoner

for any month during which such individual is confined in a jail, prison, or other penal institution or correctional facility, pursuant to his conviction of an offense which constituted a felony under applicable law, unless such individual is actively and satisfactorily participating in a rehabilitation program which has been specifically approved for such individual by a court of law and, as determined by the Secretary, is expected to result in such individual being able to engage in substantial gainful activity upon release and within a reasonable time.

We hold that § 402(x)(l) is constitutional— we find no violation of due process, no punishment without trial, and no bill of attainder or ex post facto law. Cf. Fleming v. Nestor, 363 U.S. 603, 80 S.Ct. 1367, 4 L.Ed.2d 1435 (1960) (holding constitutional the termination of old-age benefits payable to an alien who is deported on certain grounds). Andujar’s other claims are also without merit.

AFFIRMED.

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802 F.2d 404, 1986 U.S. App. LEXIS 32338, 15 Soc. Serv. Rev. 167, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jose-m-andujar-plaintiff-appellant-v-otis-r-bowen-secretary-of-health-ca11-1986.

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