Griffin v. Richardson

• Decision Date: 06 July 1972
• Docket Number: Civ. No. 71-1404.
• Citation: 346 F. Supp. 1226
• Parties: Barbara Ann GRIFFIN, a minor by her next of friend, Katherine Elizabeth Davis, Individually and on behalf of all others similarly situated v. Elliot RICHARDSON, Secretary, Department of Health, Education and Welfare, Individually and in his official capacity.
• Court: U.S. District Court — District of Maryland

346 F. Supp. 1226

Barbara Ann GRIFFIN, a minor by her next of friend, Katherine Elizabeth Davis, Individually and on behalf of all others similarly situated v. Elliot RICHARDSON, Secretary, Department of Health, Education and Welfare, Individually and in his official capacity.

Civ. No. 71-1404.

United States District Court, D. Maryland.

July 6, 1972.

COPYRIGHT MATERIAL OMITTED

C. Christopher Brown, Gerald L. Hockstein, and Richard Rosen, Baltimore, Md., for plaintiff.

Kenneth A. Rutherford, Dept. of Justice, Washington, D. C., George Beall, U. S. Atty., and Jean G. Rogers, Asst. U. S. Atty., Baltimore, Md., for defendant.

Before SOBELOFF, Senior Circuit Judge, and MURRAY and BLAIR, District Judges.

OPINION

BLAIR, District Judge.

This suit, brought in forma pauperis, challenges the constitutionality of § 203(a) of the Social Security Act, 42 U. S.C. § 403(a), on the ground that it discriminates against certain illegitimate children in denying them benefits under the Act in violation of the due process clause of the Fifth Amendment. Plaintiff seeks injunctive and declaratory relief for herself and on behalf of a class of all similarly situated persons. A three-judge court was convened pursuant to 28 U.S.C. §§ 2282, 2284.

The essential facts are presented by cross-motions for summary judgment, are not disputed and may be stated briefly. Plaintiff's father, James T. Hall, died on August 21, 1969 in Baltimore, Maryland. At his death, his survivors were entitled to a maximum family payment of $296.00 per month.¹ Approximately 10 months earlier, on October 26, 1968, James T. Hall married Bernice Hall who had four children from previous relationships. These children became his stepchildren as a result of the marriage. James T. Hall and Bernice Hall separated a few weeks after their marriage and remained apart until his death. After his death, Bernice Hall claimed and was awarded surviving child's insurance benefits by the Social Security Administration for her four children and herself. Plaintiff Barbara Griffin, born October 8, 1960, is the natural child of James Hall and a woman to whom he was not married. As the result of an order of the Criminal Court of Baltimore City passed on December 6, 1960 and to which he had consented, James Hall was required to support and did in fact support Barbara Griffin until the time of his death. After the death of James Hall, Barbara Griffin through her guardian, Katherine Davis, made claim to the Social Security Administration for child's insurance benefits. Social Security determined that the plaintiff met the requirements of § 216(h)(3)² permitting benefits to be paid to certain illegitimate children. It was also determined that benefits could not be presently paid because of the provisions of § 203(a).

The pertinent provisions of § 203(a) provide that:

Whenever a reduction is made under this subsection in the total of monthly benefits to which individuals are entitled for any month on the basis of the wages and self-employment income of an insured individual, each such benefit other than the old-age or disability insurance benefit shall be proportionately decreased; except that if such total of benefits for such month includes any benefit or benefits under section 402(d) of this title which are payable solely by reason of section 416 (h) (3) of this title, the reduction shall be first applied to reduce (proportionately where there is more than one benefit so payable) the benefits so payable (but not below zero).

The effect of this provision is that the plaintiff, although qualified under the Act to receive benefits notwithstanding her illegitimacy, is denied the actual receipt of such benefits in this case so long as there is a favored class under § 203(a) which exhausts the maximum family allowance for the qualified survivors of James T. Hall.³ In essence plaintiff contends that this statutory scheme results in an unconstitutional discrimination against illegitimate children who are otherwise qualified under the provisions of § 216(h)(3) to receive benefits, but who are either denied benefits so long as there are a sufficient number of persons in a more favored class who exhaust the maximum family allowance, or at any rate who do not share equally with the other beneficiaries. As frequent reference will be made to the fact, it is important to note that certain illegitimate children may qualify for benefits under § 216(h)(2) and thereby entirely avoid the effects of § 203(a) which only applies to § 216 (h) (3).⁴

The Secretary has moved to dissolve the three-judge court on the grounds that no substantial federal question is involved and that plaintiff's remedy for review of the denial of benefits must come under 42 U.S.C. § 405(g) which is that portion of the Act providing for judicial review of the findings and decisions of the Secretary. The court rejects the claim that no substantial federal question is involved and for the reasons which will more fully appear later in this opinion concludes as a matter of law that from the nature of the claim and the relief to which the court finds the plaintiff to be entitled that a substantial federal question is indeed involved. Idlewild Bon Voyage Liquor Corp. v. Epstein, 370 U.S. 713, 82 S.Ct. 1294, 8 L.Ed.2d 794 (1962).

The Secretary argues that since judicial review of his decision is available under § 405(g) of the Act such an action is made the exclusive means of reviewing his final decision by the provisions of § 405(h) which states:

(h) The findings and decisions of the Secretary after a hearing shall be binding upon all individuals who were parties to such hearing. No findings of fact or decision of the Secretary shall be reviewed by any person, tribunal, or governmental agency except as herein provided. No action against the United States, the Secretary, or any officer or employee thereof shall be brought under section 41 of Title 28 to recover on any claim arising under this subchapter.

The Secretary buttresses his contention by claiming that the ultimate relief sought by the plaintiff in this case is money damages in the form of allowance of benefits to the plaintiff and that if she is entitled in law to such an allowance this result could be achieved by a review of the Secretary's decision.

The court does not find this argument persuasive. Plaintiff is seeking injunctive, declaratory and mandamus-like relief. Additionally plaintiff has sought to make this a class action, requesting retroactive as well as prospective relief. Such relief may not be fully afforded under the provisions of §§ 405(g) and (h). With these considerations in mind, it becomes clear that plaintiff here is not merely seeking relief which is substantially equivalent to an award of money damages. Finally the explicit language of 28 U.S.C. § 2282 requires three judges to enjoin the enforcement of any congressional act on the ground that it is unconstitutional which is precisely the relief sought by plaintiff and her class. For these reasons, the court concludes that the Secretary's motion to dissolve the three-judge court must be denied.

Plaintiff has moved for certification of this action as a class action pursuant to Rules 23(a) and (b) (2), Fed.R.Civ.P. which provide:

(a) Prerequisites to a Class Action. One or more members of a class may sue or be sued as representative parties on behalf of all only if (1) the class is so numerous that joinder of all members is impracticable, (2) there are questions of law or fact common to the class, (3) the claims or defenses of the representative parties are typical of the claims or defenses of the class, and (4) the representative parties will fairly and adequately protect the interests of the class.

(b) Class Actions Maintainable. An action may be maintained as a class action if the prerequisites of subdivision (a) are satisfied, and in addition:

. . .

(2) the party opposing the class has acted or refused to act on grounds generally applicable to the class, thereby making appropriate final injunctive relief or corresponding declaratory relief with respect to the class as a whole . . . .

The class to be certified in this case shall consist of all illegitimate persons qualified for benefits under § 216(h) (3) of the Act who are being or have been denied benefits equal to those benefits granted other beneficiaries of an insured individual because of the last sentence of § 203(a).⁵ While the Secretary's records may leave some doubt as to the number of persons similarly situated to plaintiff, the court has no doubt that the members of such class are so numerous as to make their joinder impracticable. Clearly there are questions of law or fact common to all members of the class. The Secretary relies principally on his contentions that plaintiff's claim is not typical and that as a representative party she will not fairly and adequately protect the interests of the class. He points to the fact that plaintiff has distinguished her case from those upholding the constitutionality of § 203(a), e.g., Parker v. Secretary of H.E.W., 453 F.2d 850 (5th Cir. 1972), on the ground that the beneficiaries in this case are stepchildren with no close connection to the deceased wage earner who had left their mother a few weeks after the marriage. While the plaintiff here is obviously willing to make such a distinction, she does so only if the court for some reason finds that because of these facts she is not typical of the larger class which will be certified rather than the more limited class of plaintiffs who are discriminated against in favor of beneficiaries consisting solely of stepchildren. The basic thrust of plaintiff's argument is that discrimination against illegitimate children under the statutory scheme is violative of the due process clause of the Fifth Amendment; and this is true regardless of whether the discrimination is in favor of legitimate children, stepchildren, adopted children, or for that...