Brown for Brown v. Bowen

MEMORANDUM AND ORDER

WEINSTEIN, Chief Judge:

Otis Fulton, a twenty-year-old living with his grandparents in South Carolina to help them in their declining years, was walking along the road one evening in September of 1972 when he was accidentally killed by a passing motorist. It is alleged that plaintiff Mary Alice Brown was then his two-year old daughter born out of wedlock (Exh. 18, Tr. 95-97). Some ten years passed before Mary Ellen Brown, plaintiff’s mother, filed on her behalf a claim for surviving child’s insurance benefits under the Social Security Act based on Otis Fulton’s earnings…