Eldridge v. Sullivan

McMILLIAN, Circuit Judge.

Appellant Kay Eldridge appeals from a final order entered in the District Court for the Eastern District of Arkansas affirming the decision of the Secretary of the Department of Health and Human Services to grant claims by Kathryn Reid Leach for child’s insurance benefits under § 216(h) of the Social Security Act, 42 U.S.C. § 416(h). Eldridge v. Sullivan, No. PB-C-90-466, slip op. at 3, 1991 WL 325536 (E.D.Ark. Oct. 31, 1991) (Memorandum and Order). For the reasons discussed below, we reverse. ■

Wage earner B.P. Eldridge died in 1975, leaving his wife, Kay Eldridge…