Orelia Hayes and Kimbler T. Sells v. The Secretary of Health, Education and Welfare, United States of America

Appellants claim that Kimbler Sells was the “child” of Mr. and Mrs. John Hayes under the Social Security Act, 42 U.S.C. § 416, and that they are therefore eligible for benefits under §§ 202(d), 202(e) and 202(g) of the Act upon the death of Mr. Hayes. The Secretary found that Kimbler was not the “child” of the Hayeses and denied benefits. The district court affirmed the ruling of the Secretary. We also affirm, finding no basis in fact or law for the appellants’ sole argument that Kimbler was “equitably adopted” by the Hayeses.

The facts of the case are not in dispute. Mr. and Mrs. Sells turned…