Leimbach v. Califano
Court of Appeals for the Eighth Circuit
1Opinion of the Court
HENLEY, Circuit Judge.
The Secretary of Health, Education and Welfare (the Secretary) appeals the decision of the district court granting the children of appellee John Leimbach child’s insurance benefits retroactive to September, 1968. We reverse.
This is a dispute over the date on which John and Rosemary Leimbach’s two children became entitled to child’s insurance benefits under § 202(d) of the Social Security Act (the Act), 42 U.S.C. § 402(d). Rosemary Leimbach, the wage earner upon whose earnings record benefits are being sought, died on January 20,1967. And it is not disputed that her…
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