Legal Opinion

Abreu v. Colvin

District Court, S.D. New York

Decided October 6, 2015No. 14 Civ. 9240(JCF)PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM AND ORDER

JAMES C. FRANCIS IV, United States Magistrate Judge.

There are two issues central to this case. The first is whether, under New York law, a DNA test is a sufficient basis for, overcoming the presumption that.a child born to a married woman was fathered by her husband. This question arises in the context of an application for .child’s insurance *168benefits, to which the surviving child of a deceased wage earner is entitled under the Social Security Act (the “Act”). The second critical issue is whether, despite definitive evidence that an applicant is not the biological…

2Cases cited18 opinions

Maria TEJADA, Plaintiff-Appellant, v. Kenneth S. APFEL, Commissioner of Social Security, Defendant-AppelleeCourt of Appeals for the Second Circuit · 1999
Walter E. Parker v. Patricia Roberts Harris, Secretary of Health, Education and WelfareCourt of Appeals for the Second Circuit · 1980
In Re the Estate of FindlayNew York Court of Appeals · 1930
MTR. OF SHONDEL J. v. Mark D.New York Court of Appeals · 2006
Thomas v. AstrueDistrict Court, S.D. New York · 2009

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3Cited by1 opinion

Caldwell v. Commissioner of Social SecurityDistrict Court, S.D. New York · 2020