Binion ex rel. Binion v. Chater

MEMORANDUM OPINION AND ORDER

NORDBERG, District Judge.

Plaintiff seeks judicial review pursuant to 42 U.S.C. §§ 405(g), 416(h), of a final decision of the Commissioner of Social Security (“Commissioner”). The Commissioner found that Clifton Binion was not entitled to Child’s Insurance Benefits (“CIB”) on the account of Johnny Binion because he was not the “child” of Johnny Binion (the wage earner) as that term is defined in the Social Security Act. 42 U.S.C. §§ 402(d), 416(h).

Plaintiff filed a Motion for Summary Judgment and Defendant filed a cross Motion for Summary Judgment, both of which…