Schafer v. Astrue

The majority contends that “the plain text of th[e]se provisions offers all of the *64guidance that is needed,” Maj. Op. at 55, and I agree. But where the majority believes that “Congress plainly intended” that 42 U.S.C. § 416(h)(2)’s definition of “child” control, id. at 57, I believe just the opposite: it could not be more clear that Congress instructed us to apply 42 U.S.C. § 416(e) in this case. And even if § 416(h) were to apply, proper consideration of § 416(h)(2)(B) would require that we reverse the district court.

I

This is not a case in which we must choose between two competing statutory…