Allen v. Bowen

MEMORANDUM AND ORDER

MORAN, District Judge.

Henri, Gerome and Edmund Allen, by their mother and next friend Geraldine Allen, seek Social Security child’s insurance benefits under 42 U.S.C. § 402(d) on the wage record of the late Henry Ellis. They appeal from the Secretary’s determination that they have not sufficiently proven their status as Henry’s children under either 42 U.S.C. §§ 416(h)(2)(A) or 416(h)(3)(C)(ii). They ask for reversal and an award of benefits. The Secretary admits that the administrative law judge (ALJ) erroneously imposed a burden of clear and convincing proof on claimants…