Mary Jo Raper, Mother and Next Friend of Mark Allen Raper, a Minor v. Secretary of Health and Human Services

Sixth Circuit

Mary Jo Raper, Mother and Next Friend of Mark Allen Raper, a Minor v. Secretary of Health and Human Services

909 F.2d 1484, 1990 U.S. App. LEXIS 23567, 1990 WL 108945

CourtCourt of Appeals for the Sixth Circuit

DecidedAugust 1, 1990

Docket89-6324

StatusUnpublished

This text of 909 F.2d 1484 (Mary Jo Raper, Mother and Next Friend of Mark Allen Raper, a Minor v. Secretary of Health and Human Services) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mary Jo Raper, Mother and Next Friend of Mark Allen Raper, a Minor v. Secretary of Health and Human Services, 909 F.2d 1484, 1990 U.S. App. LEXIS 23567, 1990 WL 108945 (6th Cir. 1990).

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Opinion

909 F.2d 1484

Unpublished Disposition
NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Sixth Circuit.
Mary Jo RAPER, Mother and next friend of Mark Allen Raper, a
minor, Plaintiff-Appellant,
v.
SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee.

No. 89-6324.

United States Court of Appeals, Sixth Circuit.

Aug. 1, 1990.

Before KENNEDY and MILBURN, Circuit Judges, and CONTIE, Senior Circuit Judge.

ORDER

The case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon examination of the motion to waive oral argument and briefs of the parties, this panel unanimously agrees that oral argument is not needed. Fed.R.App.P. 34(a).

Plaintiff filed a complaint in the district court challenging the constitutionality of 42 U.S.C. Sec. 402(d)(8)(D)(ii) which precludes her "after-adopted" child from receiving Child's Insurance Benefits under the Social Security Act. Summary judgment was granted for the defendant and plaintiff appealed.

Constitutional rights have not been violated. The legislative history for Sec. 402 justifies treating natural children and stepchildren different from adopted children and satisfies the constitutional test of rationality. Holbrook v. Califano, 636 F.2d 157, 158 (6th Cir.1980) (per curiam). The district court was correct in relying on Holbrook.

It is ORDERED that the judgment of the district court be, and it hereby is, affirmed. Rule 9(b)(5), Rules of the Sixth Circuit.

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