Legal Opinion

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

Decided April 27, 1981No. 79-3539PublishedCited by 62 opinions

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

  1. Lipham v. StateSupreme Court of Georgia · 1906
  2. Nation v. EsperdyDistrict Court, S.D. New York · 1965
  3. Pigford Bros. Construction Co. v. EvansMississippi Supreme Court · 1955
  4. Lunceford v. Fegles Construction Co.Supreme Court of Minnesota · 1931
  5. Seagraves v. HarrisCourt of Appeals for the Fifth Circuit · 1980

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3Cited by62 opinions

  1. Lindell Washington v. Commissioner of Social SecurityCourt of Appeals for the Eleventh Circuit · 2018
  2. Myers v. ApfelCourt of Appeals for the Fifth Circuit · 2001
  3. Langley v. AstrueDistrict Court, N.D. Alabama · 2011
  4. Eduardo Patricio Caces v. Commissioner, Social Security AdministrationCourt of Appeals for the Eleventh Circuit · 2014
  5. Bailey v. AstrueDistrict Court, N.D. Georgia · 2010

57 more not listed; retrieve them via the Exa API.

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