Legal Opinion

Schafer v. Astrue

Court of Appeals for the Fourth Circuit

Decided April 12, 2011No. 10-1500PublishedCited by 12 opinions

1Opinion of the Court

Affirmed by published opinion. Judge WILKINSON wrote the majority opinion, in which Judge AGEE joined. Judge DAVIS wrote a dissenting opinion.

OPINION

WILKINSON, Circuit Judge:

Don and Janice Schafer married in 1992. Don died the next year. With the help of in vitro fertilization, however, Janice gave birth to W.M.S., Don Schafer’s biological child, a number of years later. Janice Schafer then applied on W.M.S.’s behalf for survivorship benefits under the Social Security Act. See 42 U.S.C. § 402(d) et seq.

The Social Security Administration rejected W.M.S.’s claim. Because under its view natural…

2Cases cited25 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. City of Cleburne v. Cleburne Living Center, Inc.Supreme Court of the United States · 1985
  3. Weinberger v. SalfiSupreme Court of the United States · 1975
  4. Food & Drug Administration v. Brown & Williamson Tobacco Corp.Supreme Court of the United States · 2000
  5. National Cable & Telecommunications Assn. v. Brand X Internet ServicesSupreme Court of the United States · 2005

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3Cited by12 opinions

  1. Astrue v. Capato Ex Rel. B. N. C.Supreme Court of the United States · 2012
  2. Juan Amaya v. Jeffrey RosenCourt of Appeals for the Fourth Circuit · 2021
  3. Montgomery County v. Federal Communications CommissionCourt of Appeals for the Fourth Circuit · 2015
  4. Beeler v. AstrueCourt of Appeals for the Eighth Circuit · 2011
  5. Perez v. Ocean View Seafood Restaurant, Inc.District Court, D. South Carolina · 2016

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

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