932 F.2d 969 (6th Cir. 1991), 90-6605, Steele v. Secretary of Health and Human Services

• Docket Nº: 90-6605.
• Citation: 932 F.2d 969
• Party Name: Larry STEELE, Cora Steele, for herself and on behalf of Larry S. Steele and Robin R. Steele, Plaintiffs-Appellants, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee.
• Case Date: May 13, 1991
• Court: United States Courts of Appeals, Court of Appeals for the Sixth Circuit

Page 969

932 F.2d 969 (6th Cir. 1991)

Larry STEELE, Cora Steele, for herself and on behalf of Larry S. Steele and Robin R. Steele, Plaintiffs-Appellants,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee.

No. 90-6605.

United States Court of Appeals, Sixth Circuit

May 13, 1991

Editorial Note:

This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA6 Rule 28 and FI CTA6 IOP 206 regarding use of unpublished opinions)

E.D.Ky., No. 90-00052; Unthank, J.

E.D.Ky.

AFFIRMED.

Before KENNEDY and BOYCE F. MARTIN, JR., Circuit Judges, and SPIEGEL, District Judge. ^[*]

ORDER

This case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. This panel unanimously agrees that oral argument is not needed. Fed.R.App.P. 34(a).

Larry Steele and his family filed an action under 42 U.S.C. § 402(g) in the district court in which they challenged the Secretary's determination of the amount of benefits to which they were entitled. The district court ultimately entered summary judgment for the Secretary and this appeal followed. The parties have briefed the issues, the Steeles acting without counsel.

Upon consideration, we do not find any reversible error in the case on review. The sole issue on review is the constitutionality of 42 U.S.C. § 403(a)(6), a statute that operates to set a "family maximum" of disability benefits disbursement. The Steeles claim, specifically, that the statute violates their children's right to the equal protection of the law.

Our examination of the relevant law and...