Denise Desonier, Amanda M. Desonier v. Louis W. Sullivan, M.D., Secretary of Health and Human Services

I write separately to express concern over the majority’s apparent conclusion that 20 C.F.R. § 404.354(b) is not a reasonable interpretation of 42 U.S.C. § 416(h)(2)(A). I disagree with this conclusion, but because of the peculiar circumstances of this case, I join in a remand for the limited purpose of determining whether plaintiff can inherit under the 1987 amendment to the Texas probate code. See Tex. Prob.Code Ann. § 42(b) (Vernon 1988).

Congress has placed upon the Secretary the responsibility of interpreting and administering the complex package of legislation dealing with health and…