Constitutional claims

Cert. denied February 20, 2001, reported at 2001 U.S. Unpublished 1559. Prohibition on receipt of SSDI for persons confined pursuant to a felony conviction is constitutional. Effective April 7, 2000, disqualified class enlarged to include those who are confined pursuant to conviction of "a…

Court will not recharacterize retroactive SSI as SSD in order to undo recoupment of state aid from retro SSI. Policies in favor of recoupment of state aid from SSI and recoupment of overpaid SSI from SSD are stronger than policy to protect SSD from assignments under §407(a) of the Social Security…

Rule barring Social Security benefits while confined due to a conviction and under a rehabilitation program does not violate equal protection.

Effect of reduced rent on SSI. Upheld constitutionality of SSI regulation counting below-market rent charged by relative/landlord as in-kind income even though government rental subsidies do not count as in-kind income. Appeal after remand, Usher v. Sec'y HHS, 721 F.2d 854. Regulation requiring…