Legal Opinion

Lauretta Kay Smith, Ariana M. Smith v. Margaret Heckler, Secretary of Health and Human Services

Court of Appeals for the Ninth Circuit

Decided June 29, 1987No. 86-6360PublishedCited by 104 opinions

1Opinion of the Court

WIGGINS, Circuit Judge:

Lauretta Kay Smith (Smith) appeals on behalf of her daughter, Ariana Marie Smith (Ariana), from the district court’s summary judgment affirming the decision of the Secretary of Health and Human Services (Secretary) to deny Ariana surviving child’s insurance benefits under Title II of the Social Security Act (Act), 42 U.S.C. §§ 401-433. Ariana is the posthumous illegitimate child of Robert Hossler, an insured wage earner. The Secretary denied her benefits on the ground that Ariana was not Hossler’s dependent child, finding that Hossler was not living with or contributing…

2Cases cited11 opinions

  1. Mathews v. LucasSupreme Court of the United States · 1976
  2. Jerry R. KAIL, Plaintiff-Appellant, v. Margaret HECKLER, Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Ninth Circuit · 1984
  3. Jimenez v. WeinbergerSupreme Court of the United States · 1974
  4. Devlin Adams, by Rossini Adams, His Parent and Natural Guardian v. Caspar Weinberger, Secretary of Health, Education and WelfareCourt of Appeals for the Second Circuit · 1975
  5. Kyle Doran, a Minor, by His Next Friend, Doris Clark v. Richard S. Schweiker, Secretary, United States Department of Health and Human ServicesCourt of Appeals for the Ninth Circuit · 1982

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3Cited by104 opinions

  1. Gillett-Netting v. BarnhartCourt of Appeals for the Ninth Circuit · 2004
  2. Gillett-Netting v. BarnhartCourt of Appeals for the Ninth Circuit · 2004
  3. Abbott v. Commissioner of Social SecurityDistrict Court, D. Idaho · 2019
  4. Amerson v. Commissioner of Social SecurityDistrict Court, D. Idaho · 2025
  5. Appleton v. SaulDistrict Court, D. Idaho · 2022

99 more not listed; retrieve them via the Exa API.

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