Cecil Rowe, on Behalf of Dewanna S. Rowe, Infant v. Robert H. Finch, Secretary of Health, Education, and Welfare

HAYNSWORTH, Chief Judge:

The sole question presented in this appeal is whether, under § 202(d) (8) (D) of the Social Security Act, separate child’s insurance benefits are available to the adopted child of a disabled wage earner where adoption proceedings did not begin until after commencement of disability and the child did not live with the wage earner at the commencement of disability, but the child did live with the wage earner at the time he first became entitled to disability benefits. The District Court, 304 F.Supp. 221, held that the claimant was entitled to such benefits, but we…