Campbell v. Apfel

Opinion by Judge WALLACE; Dissent by Judge ALDISERT.

WALLACE, Circuit Judge:

Cody Campbell appeals from a denial of benefits as an alleged surviving child of deceased wage earner Lowell E. Schmidt, under Title II of the Social Security Act (Act). 42 U.S.C. § 402(d). The district court exercised jurisdiction to review this case pursuant to 42 U.S.C. § 405(g), and affirmed the decision of the Commissioner of Social Security (Commissioner) denying Campbell’s claim for benefits. Campbell timely appealed, and we have jurisdiction pursuant to 28 U.S.C. § 1291. We affirm.

I

The district court’s order…