D'Accardi v. Chater, Commissioner

Reversed and remanded by published opinion. Judge ERVIN wrote the opinion, in which Judge HALL and Judge JACKSON joined.

OPINION

ERVIN, Circuit Judge:

Jean D’Accardi appeals on behalf of her two children from the denial of their application for Social Security Survivor’s Insurance benefits. She contends that the Commissioner of Social Security erred in deciding that her children were not equitably adopted by her deceased husband, based on evidence that he had decided to discontinue adoption proceedings before his death. We agree. Where there exists a valid contract to adopt, but legal adoption…