Garcia ex rel. Rodriguez v. Sullivan
Court of Appeals for the Fifth Circuit
1Opinion of the Court
POLITZ, Circuit Judge:
Diana Garcia, on behalf of her minor son, Richard D. Rodriguez, appeals the district court’s affirmance of the denial of her application for social security benefits under 42 U.S.C. §§ 416(h) and 402(d), by the Secretary of Health and Human Services. Concluding that benefits are payable, we reverse and remand for entry of an appropriate judgment.
*19 Background
Richard Rodriguez, a wage earner, died on September 11, 1976. In February 1978 Garcia filed an application for surviving child’s insurance benefits. Garcia and Rodriguez were never married but they established an…
2Cases cited7 opinions
- Carol A. HOLLIS, Plaintiff-Appellant, v. Otis R. BOWEN, M.D., Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1988
- Betty J. Dellolio v. Margaret M. Heckler, Secretary of Health and Human ServicesCourt of Appeals for the Fifth Circuit · 1983
- Carrie J. Cox, for Michael K. Cox, S.S. Nvk-Tp-Ducg v. Richard S. Schweiker, Secretary of Health and Human ServicesCourt of Appeals for the Fifth Circuit · 1982
- Edna U. Cain v. Secretary of Health, Education and WelfareCourt of Appeals for the Fourth Circuit · 1967
- Carolyn A. Wagner, on Behalf of Donna G. Hughes v. Robert H. Finch, Secretary of Health, Education and WelfareCourt of Appeals for the Fifth Circuit · 1969
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3Cited by1 opinion
- Garcia v. SullivanCourt of Appeals for the Fifth Circuit · 1989