Carrie J. Cox, for Michael K. Cox, S.S. Nvk-Tp-Ducg v. Richard S. Schweiker, Secretary of Health and Human Services

TUTTLE, Circuit Judge:

In this case we are asked to determine whether the appellant Carrie J. Cox is entitled to receive federal Social Security survivor’s benefits on behalf of her son Michael, based on the earnings record and insured status of the deceased father, James Appling. 42 U.S.C.A. § 402(d) (1974). Michael was born out of wedlock and was never legitimated under Georgia law during the life of his father. The appellant claims entitlement on the basis of evidence assertedly establishing Michael’s financial dependency upon his father, as well as evidence of his father’s written…