B. B. On Behalf of A. L. B. v. Richard S. Schweiker, Secretary of Health and Human Services
Court of Appeals for the Fifth Circuit
1Opinion of the Court
GODBOLD, Chief Judge:
Mrs. B appeals from the judgment of the district court affirming the Secretary’s denial of surviving child’s insurance benefits, 42 U.S.C. § 402(d)(1), to her child, A. B-B v. Califano, 476 F.Supp. 970 (M.D.Ga.1979).
Mrs. B’s deceased husband, Mr. B, is the wage earner through whom A claims benefits. Although A was born during Mrs. B’s marriage to Mr. B, it is undisputed that A is not his child. A was conceived while Mr. B was in military service overseas. Mrs. B concedes that the child is illegiti mate. The issue before us is whether A is a stepchild within the meaning of…
2Cases cited10 opinions
- Lipham v. StateSupreme Court of Georgia · 1906
- Nation v. EsperdyDistrict Court, S.D. New York · 1965
- Pigford Bros. Construction Co. v. EvansMississippi Supreme Court · 1955
- Lunceford v. Fegles Construction Co.Supreme Court of Minnesota · 1931
- Seagraves v. HarrisCourt of Appeals for the Fifth Circuit · 1980
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3Cited by62 opinions
- Lindell Washington v. Commissioner of Social SecurityCourt of Appeals for the Eleventh Circuit · 2018
- Myers v. ApfelCourt of Appeals for the Fifth Circuit · 2001
- Langley v. AstrueDistrict Court, N.D. Alabama · 2011
- Eduardo Patricio Caces v. Commissioner, Social Security AdministrationCourt of Appeals for the Eleventh Circuit · 2014
- Bailey v. AstrueDistrict Court, N.D. Georgia · 2010
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