Dorothy Baron Kohut, on Behalf of Michael A. Sabo v. Secretary of Health, Education and Welfare

Appellant seeks review of a final decision of the Secretary denying her application on behalf of her son, Michael Sabo, for Surviving Child Insurance benefits. The child is the illegitimate son of the insured wage-earner, Anthony Sabo. Appellant contends that the Secretary incorrectly determined that the child was not dependent, because the child’s father did not make regular contributions to his support. The District Court granted the Secretary’s motion for summary judgment, based on a magistrate’s recommendation that substantial evidence supported the Secretary’s finding that Anthony Sabo…