Legal Opinion · Dissent

Jones v. Schweiker

Court of Appeals for the Fourth Circuit

Decided December 30, 1981No. Nos. 81-1080, 81-1132Published

1DissentAlbert V. Bryan, Senior Circuit Judge

The issue in these appeals is whether the “dependency” requirement of § 202(d) of the Social Security Act, 42 U.S.C. § 402(d) (1976), has been met by the several claimants who are parties to these two actions. Regrettably, the majority misconstrues the requirements imposed by the Act and, in doing so, denies benefits to four minor children, all of whom are conceded to be the natural, albeit illegitimate, children of Odes Watson or Talmadge Meadows, both covered wage earners. What the Court fails to recognize is that “visiting this condemnation on the head of an infant is illogical and…

2Cases cited12 opinions

  1. Weber v. Aetna Casualty & Surety Co.Supreme Court of the United States · 1972
  2. Trimble v. GordonSupreme Court of the United States · 1977
  3. Mathews v. LucasSupreme Court of the United States · 1976
  4. Lalli v. LalliSupreme Court of the United States · 1978
  5. Jimenez v. WeinbergerSupreme Court of the United States · 1974

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