Ray Lindley for David A. Lindley v. Louis W. Sullivan, M.D., Secretary of Health and Human Services

CUDAHY, Circuit Judge.

Under the provisions of the Social Security Act (the “Act”), a wage earner who is entitled to receive old age or disability insurance benefits is also generally eligible to receive Child Insurance Benefits (“CIB”) for his or her dependent children. Congress expressly chose, however, to limit CIB eligibility when a benefits recipient adopts an unrelated child after the onset date of the recipient’s entitlement. Section 202(d)(8) of the Social Security Act, 42 U.S.C. § 402(d)(8). On the other hand, a comparable limitation is not placed upon CIB eligibility when a benefits…