Giese

Giese v. Barnhart

Good Law
55 F. App'x 799
United States Court of Appeals for the Ninth CircuitDecember 19, 2002No. 01-17196; D.C. No. CV-98-04471-TEHCalifornia1,193 words

Opinion

Lead Opinion

MEMORANDUM ***

Ellesha Giese appeals the denial of her 1994 applications for Social Security disability insurance benefits and supplemental security income under Title II and Title XVI, respectively. The parties are familiar with the facts and procedural history, therefore they are not recited here. The district court had jurisdiction under 42 U.S.C. § 405 (g), and we have jurisdiction pursuant to 28 U.S.C. § 1291 . Because substantial evidence supports the Commissioner’s decision and the decision comports with the relevant law, we affirm.

First, we reject Giese’s Equal Protection and Due Process challenges. Indigence is not a suspect classification for purposes of equal protection. See Maher v. Roe, 432 U.S. 464, 470-471 , 97 S.Ct. 2376 , 53 L.Ed.2d 484 (1977); San Antonio Indep. Sch. Dist. v. Rodriguez, 411 U.S. 1, 27-28 , 93 S.Ct. 1278 , 36 L.Ed.2d 16 (1973). Disparate impact based on wealth only requires rational basis review. See Rodriguez, 411 U.S. at 37-38 . Although the requirement of “acceptable medical sources,” 20 C.F.R. § 404.1513 (a), may mean wealthier disabled people have an easier time qualifying for benefits, this inequality is rationally related to further-anee…

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