Legal Opinion
Norman J. FIOLA, Plaintiff-Appellant, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, Defendant-Appellee
Court of Appeals for the Ninth Circuit
Decided December 28, 1990No. 89-56094PublishedCited by 3 opinions
1Per curiam
Under 42 U.S.C. § 402(d)(1)(B) of the Social Security Act, persons who have been disabled since childhood may receive benefits as secondary beneficiaries of fully insured wage-earning parents. This case concerns the eligibility for benefits of disabled secondary beneficiaries who have married and subsequently divorced. Plaintiff Norman Fióla has been disabled since childhood. Fióla received benefits from 1958 until his marriage in 1980 to a person not receiving benefits rendered him ineligible under 42 U.S.C. § 402(d)(1)(D). 1 The marriage ended in 1983 and Fióla applied for benefits again.…
2Cases cited4 opinions
- Church of the Holy Trinity v. United StatesSupreme Court of the United States · 1892
- Public Citizen v. United States Department of JusticeSupreme Court of the United States · 1989
- Califano v. JobstSupreme Court of the United States · 1977
- Ruth McMahon v. Joseph A. Califano, Jr., as Secretary of the United States Department of Health, Education and WelfareCourt of Appeals for the Second Circuit · 1979
3Cited by3 opinions
- Downs v. District of Columbia Police & Firefighters Retirement & Relief BoardDistrict of Columbia Court of Appeals · 1995
- Deihl v. Secretary of Health and Human ServicesDistrict Court, C.D. California · 1993
- Downs v. POLICE & FIRE. RETIRE. BD.District of Columbia Court of Appeals · 1995