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

Court of Appeals for the Eleventh Circuit·Decided October 17, 1986·No. 85-3933·Published·Cited by 12 cases

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.

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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802 F.2d 404 (Jose M. ANDUJAR, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-Appellee) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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