Morales ex rel. Morales v. Bowen

OPINION OF THE COURT

BECKER, Circuit Judge.

This is an appeal from an order of the district court granting summary judgment for the Secretary of Health and Human Services (“the Secretary”), thereby affirming the Secretary’s denial of Social Security survivor’s benefits to Linnette Morales on the ground that she had not established that Herminio Santiago, whose insured status is the source of her potential benefits, was her father. At the threshold this appeal presents a choice of law question: what law furnishes the standard of proof of paternity? Once we determine that standard, we must then…