Carolyn A. Wagner, on Behalf of Donna G. Hughes v. Robert H. Finch, Secretary of Health, Education and Welfare

HUNTER, District Judge:

Carolyn Wagner instituted suit in the district court to review the final decision of the Secretary, disallowing her illegitimate daughter’s claim to a child’s insurance benefit on the earnings record of the child’s father, Donald G. Davis, a fully insured deceased wage earner. The district court granted the Secretary’s motion for summary judgment on the grounds that Donna was not the “child” of an insured individual as that term is defined by the Social Security Act. This appeal ensued.

The parties agree that if Donna qualifies as a “child” under the Act, she does so…