Jason J. Owens, by and Through Theresa Owens, Mother and Next Friend v. Richard S. Schweiker, Secretary of Health and Human Services

HUG, Circuit Judge:

Jason Owens appeals from the denial of his application for Title II Social Security children’s dependency benefits. Jason was born out of wedlock subsequent to his father’s death. His right to benefits depends upon whether he would inherit personal property from his father under Washington State’s law of intestate succession. He contends that the Secretary and the district court erred by applying the law of intestate succession in effect at the time of his father’s death, rather than the law in effect at the time of the Secretary’s determination. We agree and reverse.

I

Jason…