Rundle v. Califano

639 F.2d 542 Michelle M. RUNDLE, by and through her next of friend and mother, Renee Rundle, on her behalf, Appellant, v. Joseph A. CALIFANO, Jr., Secretary of Health, Education and Welfare, Appellee. No. 79-4381. United States Court of Appeals, Ninth Circuit. Argued and Submitted Jan. 6, 1981. Decided Feb. 12, 1981. Jeff Spence, Seattle, Wash., for appellant. William Kanter, Washington, D. C., on brief; Douglas N. Letter, Washington, D. C., argued, for appellee. Appeal from the United States District Court for the Western District of Washington. Before WRIGHT, NELSON and NORRIS, Circuit Judges. EUGENE A. WRIGHT, Circuit Judge: 1 The issue before us is whether due process is violated by Section 202(d)(8) of the Social Security Act, which excludes from child's benefits those children who have been adopted by wage earners after the latter have become entitled to disability benefits. 2 Michelle Rundle, on whose behalf this appeal is taken by her adoptive mother, Renee Rundle, was not born until after Renee's eligibility for social security disability benefits was established. Michelle is not Renee's natural child, step-child or grandchild. 3 After her adoption, Michelle's application…