Legal Opinion

Mustachio v. Califano

District Court, D. New Jersey

Decided March 19, 1980No. Civ. A. 78-2166PublishedCited by 3 opinions

1Opinion of the Court

OPINION

STERN, District Judge.

Plaintiff Ida Mustachio brings this action on behalf of herself and her great-grandson, Glen Kozubal, to challenge the denial of social security benefits by the Secretary of Health, Education and Welfare. Section 202(d)(8) of the Social Security Act, Title 42 United States Code, § 402(d)(8), provides that a “grandchild” adopted by and dependent upon an individual who is eligible for retirement benefits may receive child’s insurance benefits. The Secretary, defining “grandchild” as “the child of one’s child,” held that Glen was not a “grandchild” within the meaning…

2Cases cited2 opinions

  1. Ca 79-2817 Dana Clayborne, by Her Next Friend and Mother, Anna M. Clayborne v. Joseph H. Califano, Jr., Secretary of Health, Education and WelfareCourt of Appeals for the Second Circuit · 1979
  2. Johnson Ex Rel. Courtney v. CalifanoDistrict Court, D. Kansas · 1978

3Cited by3 opinions

  1. Johnson v. CalifanoCourt of Appeals for the Tenth Circuit · 1981
  2. Johnson v. CalifanoCourt of Appeals for the Tenth Circuit · 1981
  3. Simmons ex rel. Simmons v. HecklerDistrict Court, S.D. West Virginia · 1984

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