Viola Sims v. Patricia Harris, Secretary of Health, Education and Welfare, Faith Vernon v. Patricia Harris, Secretary of Health, Education and Welfare

The issue presented on appeal is whether establishing different disability tests to determine the eligibility of widows, surviving divorced wives, and widowers for social security benefits creates a class not rationally related to a legitimate purpose in violation of the equal protection clause. We hold that it does not.

If the widow, surviving divorced wife or widower of a fully insured deceased wage earner is “disabled,” and between 50 and 60 years of age, he or she is eligible under the Social Security Act to receive disability benefits based on a certain percentage of the benefits of the insured’s spouse, 42 U.S.C. § 402 (e) & (f). This class of persons is not considered disabled unless “his or her physical or mental impairment or impairments are of a level of severity which under regulations prescribed by the Secretary is deemed to be sufficient to preclude an individual from engaging in any gainful activity.” 42 U.S.C. § 423 (d)(2)(B) (emphasis added). In contrast to the quoted provision, under 42 U.S.C. § 423 (d)(1)(A), “disability,” for purposes of determining benefit eligibility for insured wage earners and certain other classes of persons, is defined as “inability to…