Campbell v. Apfel

The majority and I view this case through different lenses. In this Social Security entitlement case in which the deceased putative father had been domiciled in California and the child claimant is from Oregon, I believe that the provisions of 42 U.S.C. § 416(h)(2)(A) require the Commissioner and a reviewing court to make a choice of law analysis to determine whether the laws of California or Oregon govern the grant of Child’s Insurance Benefits under Title 11 of the Social Security Act, 42 U.S.C. § 402(d). Applying this analysis I would hold that the law of Oregon, and not California, should…