Bessie Tsosie v. Joseph A. Califano, Jr., Secretary of Health, Education and Welfare

KENNEDY, Circuit Judge:

Appellant Bessie Tsosie contests the denial of child’s insurance benefits under the Social Security Act to a child adopted by her after the death of the eligible wage earner. Tsosie asserts that the district court erroneously construed the relevant statute, 42 U.S.C. § 416(e), to deny benefits. In the alternative, she contends that the statute violates the child’s due process rights under the fifth amendment by allegedly adopting an impermissible classification. Because 42 U.S.C. § 416(e) clearly mandates denial of benefits in this case and because appellant has not…