Sidney S. ZIPKIN, Plaintiff-Appellant, v. Margaret M. HECKLER, Sec'y of Health & Human Servs., Defendant-Appellee, 790 F.2d 16 (2d Cir. 1986). · Go Syfert
Sidney S. ZIPKIN, Plaintiff-Appellant, v. Margaret M. HECKLER, Sec'y of Health & Human Servs., Defendant-Appellee, 790 F.2d 16 (2d Cir. 1986). Cases Citing This Book View Copy Cite
49 citation events (21 in the last 25 years) across 20 distinct courts.
Strongest positive: Breton v. Mnuchin (ctd, 2021-11-02)
Treatment trajectory · 1986 → 2026 · click a year to view as-of
1986 2006 2026
Top citers, strongest first. 27 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Breton v. Mnuchin
D. Conn. · 2021 · quote attribution · 1 verbatim quote · confidence high
incarcerated felons are not a suspect classification.
discussed Cited as authority (verbatim quote) Nicholas v. Tucker (2×) also: Cited as authority (rule)
2d Cir. · 1997 · signal: see also · quote attribution · 1 verbatim quote · confidence high
prisoners, as a group, do not have the need for a continuing source of income that nonprisoners typically may have.
cited Cited as authority (rule) Jay Quigley v. Pappoosha et al.
D. Conn. · 2025 · confidence medium
As a result, inmates do not generally “have the need for a continuing source of income that nonprisoners typically may have.” Zipkin v. Heckler, 790 F.2d 16, 18 (2d Cir. 1986).
discussed Cited as authority (rule) GREIST v. COMMISSIONER OF SOCIAL SECURITY
E.D. Pa. · 2023 · confidence medium
Cir. 1987) (finding that Section 402(x) is not an ex post facto law); Caldwell v. Heckler, 819 F.2d 133, 134 (6th Cir. 1987) (same); Andujar v. Bowen, 802 F.2d 404, 405 (11th Cir. 1986) (“We hold that § 402(x)(1) is constitutional—we find no violation of due process, no punishment without trial, and no bill of attainder or ex post facto law.”); Peeler v. Heckler, 781 F.2d 649, 651-52 (8th Cir. 1986) (same); Zipkin v. Heckler, 790 F.2d 16, 19-20 (2d Cir. 1986) (rejecting due process challenge); Jones v. Heckler, 774 F.2d 997, 998-99 (10th Cir. 1985) (“the statute challenged here does n…
discussed Cited as authority (rule) Joan Celia Lee v. POW Entertainment, Inc.
C.D. Cal. · 2020 · confidence medium
(Opp’n to 9 Mot. for Sanctions 24–25.) As certain allegations are unnecessary and JC Lee fails to 10 oppose POW’s argument that those allegations were included only to sensationalize 11 the complaint, the Court finds that JC Lee’s conduct seems to demonstrate an 12 improper purpose. 13 Furthermore, when attorneys are experienced but file meritless cases, “a strong 14 inference arises that their bringing of an action . . . was for an improper purpose.” 15 Huettig & Schromm, Inc. v. Landscape Contractors Council of N. Cal., 790 F.2d 16 1421, 1427 (9th Cir. 1986).
discussed Cited as authority (rule) Jones v. Tyson Foods, Inc.
N.D. Miss. · 2013 · confidence medium
Phillips v. Monroe County, 311 F.3d 369 , 376 n. 2 (5th Cir.2002); accord Pryor v. Brennan, 914 F.2d 921, 923 (7th Cir.1990); Moss v. Clark, 886 F.2d 686, 690 (4th Cir.1989); Zipkin v. Heckler, 790 F.2d 16, 18 (2d Cir.1986).
discussed Cited as authority (rule) Barletta v. Rilling
D. Conn. · 2013 · confidence medium
See Romero v. Pataki, 241 Fed.Appx. 764, 766 (2d Cir.2007) (“Convicted felons, however, are not a suspect class.”); Zipkin v. Heckler, 790 F.2d 16, 18 (2d Cir.1986) (“incarcerated felons are not a suspect class”); Morgan v. City of Milford, 914 F.Supp. 21 , 24 n. 1 (D.Conn.1996) (“Felons have not been found to be members of a protected class for Fourteenth Amendment purposes.”).
discussed Cited as authority (rule) McAllister v. New York State Division of Parole
2d Cir. · 2011 · confidence medium
However, “incarcerated felons are not a suspect classification,” Zipkin v. Heckler, 790 F.2d 16, 18 (2d Cir.1986), and the Supreme Court has found that there is “no constitutional or inherent right of a convicted person to be conditionally released before the expiration of a valid sentence,” Greenholtz v. Inmates of Nebraska Penal and Correctional Complex, 442 U.S. 1, 7 , 99 S.Ct. 2100 , 60 L.Ed.2d 668 (1979).
discussed Cited as authority (rule) United States v. Santana
S.D.N.Y. · 2011 · confidence medium
This group, however it is defined, hardly qualifies as a suspect class, see Cleburne, 473 U.S. at 439-42 , 105 S.Ct. 3249 (discussing characteristics of suspect classes); cf. United States v. Coleman, 166 F.3d 428, 430-31 (2d Cir.1999) (distinction between crack and powder cocaine offenders is not a quasi-suspect classification); Shifrin v. Fields, 39 F.3d 1112, 1114 (10th Cir.1994) (violent offenders are not a suspect class); Zipkin v. Heckler, 790 F.2d 16, 18 (2d Cir.1986) (per curiam) (incarcerated felons are not a suspect class), and so there is no need for strict scrutiny of Congress’ a…
cited Cited as authority (rule) Romero v. Pataki
2d Cir. · 2007 · confidence medium
Convicted felons, however, are not a suspect class, see Zipkin v. Heckler, 790 F.2d 16, 18 (2d Cir.1986); cf. Richardson v. Ramirez, 418 U.S. 24 , 94 S.Ct. 2655 , 41 L.Ed.2d 551 (1974).
cited Cited as authority (rule) Charles Allen Treece v. Quittie C. Wilson
11th Cir. · 2007 · confidence medium
Butler v. Apfel, 144 F.3d 622, 625 (9th Cir.1998); see also Davis v. Bowen, 825 F.2d 799 (4th Cir.1987); Zipkin v. Heckler, 790 F.2d 16, 19 (2d Cir.1986).
discussed Cited as authority (rule) Mitchell v. Apfel
W.D.N.C. · 1998 · confidence medium
See, e.g., Schweiker v. Wilson, 450 U.S. 221, 238 , 101 S.Ct. 1074 , 67 L.Ed.2d 186 (1981) (“Congress should have discretion in deciding how to expend necessarily limited resources”); Davis v. Bowen, 825 F.2d 799, 801 (4th Cir.1987) (suspension of Social Security benefits for convicted felons held rationally related to the legitimate interest of “conserving scarce social security resources”); Zipkin v. Heckler, 790 F.2d 16, 18 (2nd Cir.1986) (same).
discussed Cited as authority (rule) 57 soc.sec.rep.ser. 15, 98 Cal. Daily Op. Serv. 3659, 98 Daily Journal D.A.R. 5045 Robert Burdett Butler v. Kenneth S. Apfel, Acting Commissioner, Social Security Administration, And
9th Cir. · 1998 · confidence medium
See Davis v. Bowen, 825 F.2d 799, 801 (4th Cir.1987); Andujar v. Bowen, 802 F.2d 404, 405 (11th Cir.1986); Zipkin v. Heckler, 790 F.2d 16, 19 (2d Cir.1986); Buccheri-Bianca v. Heckler, 768 F.2d 1152, 1155 (10th Cir.1985); Jensen v. Heckler, 766 F.2d 383, 385 (8th Cir.1985).
discussed Cited as authority (rule) Butler v. Apfel
9th Cir. · 1998 · confidence medium
See Davis v. Bowen, 825 F.2d 799, 801 (4th Cir.1987); Andujar v. Bowen, 802 F.2d 404, 405 (11th Cir.1986); Zipkin v. Heckler, 790 F.2d 16, 19 (2d Cir.1986); Buccheri-Bianca v. Heckler, 768 F.2d 1152, 1155 (10th Cir.1985); Jensen v. Heckler, 766 F.2d 383, 385 (8th Cir.1985).
discussed Cited as authority (rule) Nicholas v. Riley
D.D.C. · 1995 · confidence medium
Rec., S 15586 (daily ed. Nov. 10, 1993) (statement of Senator Hutchison noting Pell Grant fraud in the prison context), the notion that prisoners and nonprisoners are not similarly situated with regard to the contemporaneous need for higher education, cf. Moran, 18 F.3d at 413 (“[i] is hardly irrational to deny fees and allowances to prisoner witnesses”); Davis v. Bowen, 825 F.2d 799, 800-01 (4th Cir.1987) (suspension of Social Security benefits during incarceration upheld); Andujar v. Bowen, 802 F.2d 404, 405 (11th Cir.1986) (suspension of disability benefits during incarceration upheld);…
cited Cited as authority (rule) Tom Wiley v. Otis R. Bowen, Secretary, H.H.S
D.C. Cir. · 1987 · confidence medium
Zipkin v. Heckler 790 F.2d 16, 19 (2d Cir.1986).
cited Cited as authority (rule) Clary v. Bowen
W.D.N.C. · 1986 · confidence medium
Greenwell v. Walters, 596 F.Supp. 693 (M.D.Tenn.1984); Zipkin, supra at 18.
discussed Cited "see" Hearn v. City of Bakersfield
E.D. Cal. · 2024 · signal: see · confidence high
See United States v. Smith, 790 F.2d 16 789, 792 (9th Cir. 1986) (defining probable cause as “under the totality of circumstances known to the 17 arresting officers, a prudent person would have concluded that there was a fair probability that [the 18 defendant] had committed a crime.”).
cited Cited "see" Cruz v. Commissioner of Social Security
S.D.N.Y. · 2022 · signal: see · confidence high
See Zipkin v. Heckler, 790 F.2d 16 (2d Cir. 1986).
cited Cited "see" Patu v. David
W.D. Wash. · 2022 · signal: see · confidence high
See Costlow v. Weeks, 790 F.2d 16 1486, 1488 (9th Cir. 1986).
cited Cited "see" Langella v. Bush
2d Cir. · 2005 · signal: see · confidence high
See Langella v. United States, 6 Fed.Appx. 116, 117 (2d Cir.2001) (citing Zipkin v. Heckler, 790 F.2d 16 (2d Cir.1986)).
discussed Cited "see" State v. Evans
La. Ct. App. · 2005 · signal: see · confidence high
See Moore, 790 F.2d at 16 (“Because the sale and the arrests took place immediately outside the apartment [building], the agents could reasonably believe that the failure of [the dealer] to return to the apartment promptly with the money could create a substantial risk that appellant would flee or destroy evidence.
cited Cited "see" Langella v. Bush
S.D.N.Y. · 2004 · signal: see · confidence high
See Zipkin v. Heckler, 790 F.2d 16, 19 (2d Cir.1986) (per curiam).
cited Cited "see" Langella v. Government of United States
2d Cir. · 2001 · signal: see · confidence high
See Zipkin v. Heckler, 790 F.2d 16, 19 (2d Cir.1986) (per curiam).
discussed Cited "see" Stengel v. Callahan
N.D. Ill. · 1997 · signal: see · confidence high
See Zipkin v. Heckler, 790 F.2d 16,18 (2nd Cir.1986) (finding that “[t]he withholding of a noncontractual benefit such as the Social Security retirement benefit is unconstitutional only where the statute manifests a patently arbitrary classification, utterly lacking in rational justification.”) In addition, § 423(d)(2)(C) classifies individuals on the basis of being alcoholics or drug addicts, neither of which is a group that is entitled to heightened scrutiny under equal protection or substantive due process analysis.
discussed Cited "see" Sulie v. Bowen
N.D. Ind. · 1987 · signal: see · confidence high
See Zip-kin v. Heckler, 790 F.2d 16 (2d Cir.1986); Washington v. Sec., 718 F.2d 608 (3d Cir. 1983); Hopper, et al v. Schweiker, 596 F.Supp. 689 (M.D.Tenn.1984), affd, 780 F.2d 1021 (6th Cir.1985), cert, denied, — U.S.-, 106 S.Ct. 1522 , 89 L.Ed.2d 920 (1986); Peeler v. Heckler, 781 F.2d 649 (8th Cir.1986); Jensen v. Heckler, 766 F.2d 383 (8th Cir.1985), cert, denied, — U.S.-, 106 S.Ct. 311 , 88 L.Ed.2d 288 (1985); Jones v. Heckler, 774 F.2d 997 (10th Cir.1985); Buccheri-Bianca v. Heckler, 768 F.2d 1152 (10th Cir.1985); Andujar v. Bowen, 802 F.2d 404 (11th Cir.1986).
Retrieving the full opinion text from the archive…
13 soc.sec.rep.ser. 341, unempl.ins.rep. Cch 16,758 Sidney S. Zipkin
v.
Margaret M. Heckler, Secretary of Health and Human Services
630, Docket 85-6286.
Court of Appeals for the Second Circuit.
Apr 25, 1986.
790 F.2d 16
1986 U.S. App. LEXIS 24723
David Rothenberg, Rochester, N.Y. (Geiger & Rothenberg, Rochester, N.Y., of counsel), for plaintiff-appellant., Joseph V. Willey, New York City (Ronald Robertson, General Counsel, Dept, of Health and Human Services, Salvatore R. Martoche, U.S. Atty., W.D.N.Y., Rochester, N.Y., of counsel), for defendant-appellee.
Mansfield, Meskill, Per Curiam, Pierce.
Cited by 37 opinions  |  Published
PER CURIAM:

This is an appeal from a judgment of the United States District Court for the Western District of New York, Michael Telesca, Judge, granting summary judgment to Margaret M. Heckler, as Secretary of the United States Department of Health and Human Services, in an action challenging the constitutionality of section 202(x) of the Social Security Act, 42 U.S.C. § 402(x), as applied by the Secretary in suspending appellant’s retirement benefit insurance payments during his incarceration for a felony conviction.

Since 1982, Sidney S. Zipkin’s sole source of income was his monthly Social Security retirement benefits payments of $444.20, from which $12.20 was deducted for payment of Medicare premiums. On August 9, 1983, Zipkin was convicted in Monroe County Court of the felony of third degree robbery after entering a plea of guilty. He began serving a term in prison on October 5, 1983. By letter dated November 28, 1983, the Department of Health and Human Services informed Zipkin that his retirement benefits would be suspended during the period of his incarceration for conviction of a felony, pursuant to Public Law 98-21, 42 U.S.C. § 402(x), which became effective on May 1, 1983. The plaintiff requested reconsideration of that decision. The Secretary affirmed the decision upon reconsideration, and further determined that Zipkin had been overpaid certain benefits during the initial months of his incarceration. Zipkin was granted a hearing on August 28, 1984 before an administrative law judge, who upheld the payment suspension by a decision dated September 12, 1984. That decision was affirmed by the Appeals Council.

Following his release from prison, Zipkin’s retirement benefits recommenced. Zipkin, pro se, brought suit in the district court on February 25, 1985 to recover payments withheld during his incarceration on the theory that section 202(x) was unconstitutional as applied. Zipkin appeals herein from the district court’s grant of the Secretary’s motion for summary judgment.

Section 202(x) suspends payment of all monthly benefits to persons imprisoned as felons. [1] Zipkin argues first that section[*18] 202(x) is not rationally related to any legitimate government purpose, and thus violates due process and equal protection. We disagree. Since incarcerated felons are not a suspect classification, see, e.g., Greenwell v. Walters, 596 F.Supp. 693, 695-96 (M.D.Tenn.l984), our standard of review is the rational relation test. The withholding of a noncontractual benefit such as the Social Security retirement benefit is unconstitutional only where “the statute manifests a patently arbitrary classification, utterly lacking in rational justification.” See Flemming v. Nestor, 363 U.S. 603, 611, 80 S.Ct. 1367,1373, 4 L.Ed.2d 1435 (1960); see also, Schweiker v. Wilson, 450 U.S. 221, 230, 101 S.Ct. 1074, 1080, 67 L.Ed.2d 186 (1981); Richardson v. Belcher, 404 U.S. 78, 81, 92 S.Ct. 254, 257, 30 L.Ed.2d 231 (1971); Buccheri-Bianca v. Heckler, 768 F.2d 1152, 1154 (10th Cir. 1985). Since Congress is “the appropriate representative body” to allocate social welfare resources, such allocations are accorded “a strong presumption of constitutionality....” Schweiker, 450 U.S. at 230, 101 S.Ct. at 1080.

In enacting section 202(x), Congress apparently based that legislation on the policy rationales underlying a former statute, 42 U.S.C. § 423(f)(1) (now repealed), suspending disability payments to incarcerated recipients. See H. Conf.Rep. No. 98-47, 98th Cong., 1st Sess., reprinted in [1983] U.S. Code Cong. & Admin. News 143, 404, 447-48; see also, Yopp v. Secretary, No. G831157, slip op. at 5 (W.D.Mi.1985). Those rationales were principally that: (1) “[t]he disability program exists to provide a continuing source of income to those whose earnings are cut off because they have suffered a severe disability,” and (2) “[t]he need for this continuing source is clearly absent in the case of an individual who is being maintained at public expense in prison.” S.Rep. No., 96-987, 96th Cong., 2d Sess., reprinted in [1980] U.S. Code Cong. & Admin. News 4787, 4794-95; see also, Yopp, slip op. at 5.

The mere fact that Congress did not expressly restate these rationales in enacting section 202(x) is of no moment. Both the retirement benefit suspension disputed here and the disability benefit suspension are part of a comprehensive scheme designed to provide income to certain members of the workforce who can not generate their own incomes, and to conserve the Social Security fisc when the essential economic purposes of that income is provided through a different public mechanism — a prison.

We can perceive no reason why prisoners whose retirement benefits are suspended would have a need for replacement of income while prisoners whose disability benefits are suspended do not. Rather, prisoners, as a group, do not have the need for a continuing source of income that nonprisoners typically may have. See Washington v. Secretary, 718 F.2d 608, 611 (3d Cir.1983). Indeed, for this reason the suspension of retirement or disability benefits to an incarcerated recipient is analytically no different from the termination of auxiliary benefits, pursuant to 42 U.S.C. § 402(d)(1), due to changed economic circumstances such as the marriage of a dependent child or the divorce of a dependent spouse. See Califano v. Jobst, 434 U.S. 47, 53, 98 S.Ct. 95, 99, 54 L.Ed.2d 228 (1977); Mathews v. DeCastro, 429 U.S. 181, 188, 97 S.Ct. 431, 435-36, 50 L.Ed.2d 389 (1976). [2][*19] Finally, Social Security retirement benefits are designed to satisfy certain baseline economic needs reasonably predictable when a worker retires. See, e.g., Buccheri-Bianca, supra; Comm.Serial No. 96-103, Receipt of Social Security Benefits by Persons Incarcerated, Hearings Before Subcommittee on Social Security of House Comm, on Ways and Means, 96th Cong., 2d Sess. at 24-25, 82 (June 20, 1980) (“Hearings”). They are not benefits held in trust and payable per se. Compare Ellis Nat’l Bank v. Irving Trust, 786 F.2d 466 (2d Cir.1986) (vested ERISA pension benefits may not be alienated even where based on employee’s illegal earnings).

We find no merit in Zipkin’s contention that the rehabilitation exception to section 202(x) renders that subsection unconstitutional as applied to former retirement benefit recipients. Section 202(x) allows prisoners who would otherwise be denied disability benefits to receive them if they participate in a rehabilitation program “expected to result in such individual being able to engage in substantial gainful activity upon release and upon a reasonable time.” 42 U.S.C. § 402(x)(1). We read the rehabilitation exception as an incentive for disabled prisoners to pursue physical and vocational rehabilitation programs which would ultimately reduce or eliminate their disability benefits. The reduction in the rolls of those receiving disability benefits would, therefore, promote Congress’ underlying policy of conserving scarce Social Security resources. Thus, the rehabilitation exception is rationally related to a legitimate congressional objective.

We thus hold that section 202(x) rationally reflects the policy that prisoners’ Social Security retirement benefit payments be suspended since their substantial economic needs are already met. Any contemporaneous payment of Social Security funds in our view would be wasteful. [3] Since we uphold the statute as applied on this basis, we need not reach the additional argument that the statute promotes prison discipline by denying to inmates funds that might be used to engage in illicit conduct or otherwise to undermine correctional facility administration. See Hearings, supra, at 25, 64, 68, 75.

Zipkin also argues that the suspension of his retirement benefits violated due process by precluding him from demonstrating at any of the administrative hearings certain needs, such as for vitamins, foot powder and denture powder, not provided by the prison. A similar argument was properly rejected in Hopper v. Schweiker, 596 F.Supp. 689, 692-93 (M.D.Tenn.1984), aff 'd without opinion, Hopper v. Secretary, 780 F.2d 1021 (6th Cir.1985), where it was held sufficient that “[t]he fundamental needs of inmates, such as food, shelter, clothing and medical care are provided during the period of incarceration.” Given the “expense and other difficulties of individual determinations,” Weinberger v. Salfi, 422 U.S. 749, 777, 95 S.Ct. 2457, 2473, 45 L.Ed.2d 522 (1975), Congress properly devised an administratively efficient method of allocating Social Security resources that assumes an approximate correlation between a prisoner’s needs and the services provided by the prison. See also Schweiker v. Gray Panthers, 453 U.S. 34, 47-48, 101 S.Ct. 2633, 2642, 69 L.Ed.2d[*20] 460 (1981); Knebel v. Hein, 429 U.S. 288, 296-97, 97 S.Ct. 549, 554-55, 50 L.Ed.2d 485 (1977); Clayborne v. Califano, 603 F.2d 372, 380 (2d Cir.1979); Gray Panthers v. Administrator, Health Care Financing Admin., 566 F.Supp. 889, 893 (D.D.C.1983). If Zipkin had special needs beyond these, or if the prison failed to provide essential economic goods and services, then Zipkin’s remedy was to challenge the adequacy of prison care. However, he may not on this basis successfully challenge the constitutionality of Congress’ economically and administratively rational allocation of Social Security resources.

Affirmed.

1

. Section 202, 42 U.S.C. § 402(x), provides in pertinent part:

[*18] (x)(l) Notwithstanding any other provision of this title, no monthly benefits shall be paid under this section or under section 223 to any individual for any month during which such individual is confined in a jail, prison, or other penal institution or correctional facility, pursuant to his conviction of an offense which constituted a felony under applicable law, unless such individual is actively and satisfactorily participating in a rehabilitation program which has been specifically approved for such individual being able to engage in substantial gainful activity upon release and within a reasonable time.
2

. However, nothing in our opinion today should be construed to mean that benefits to dependents of incarcerated felons may be terminated. That issue is not before us, and we therefore make no ruling as to it. As to that issue, we note only that section 402 seems to leave such benefits intact. See H.Conf.Rep. No. 98-47, supra, [1983] U.S. Code Cong. & Admin. News at[*19] 448 ("Benefits of dependents and survivors of incarcerated felons would not be affected.”).

3

. In so holding, we agree with the result reached in Buccheri-Bianca v. Heckler, 768 F.2d 1152 (10th Cir.1985) and in Yopp v. Secretary of Health and Human Services, No. 683-1157 CA (W.D.Mich. Feb. 12, 1985). We also note that courts have consistently upheld the amendment as it applies to the suspension of disability benefits. See Jensen v. Heckler, 766 F.2d 383 (8th Cir.), cert. denied, — U.S. -, 106 S.Ct. 311, 88 L.Ed.2d 288 (1985); Hopper v. Schweiker, 596 F.Supp. 689 (M.D.Tenn.1984), aff’d without opinion, Hopper v. Secretary, 780 F.2d 1021 (6th Cir.1985); Calogero Davi v. Heckler, Unemp.Ins.Rptr., (CCH) ¶ 16,053 (E.D.N.Y. Nov. 21, 1984); Pace v. United States, 585 F.Supp. 399 (S.D.Tex. 1984); Washington v. Secretary of Health and Human Services, 718 F.2d 608 (3d Cir.1983); Anderson v. Social Security Administration, 567 F.Supp. 410 (D.Colo.1983); Cobb v. Secretary of Health and Human Services, No. 81-60224 (E.D.Mich. July 21, 1982); Moreno v. Schweiker, No. 82-180 PHX-WEC (D.Ariz., July 8, 1982).