Loretta JOHNSON, on Behalf of Dennis BRYANT, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee

KRUPANSKY, Circuit Judge.

Plaintiff-appellant Loretta Johnson (Johnson), acting on behalf of claimant Dennis Bryant (Bryant), appealed the judgment of the district court, 610 F.Supp. 276 (1985), affirming the Secretary’s denial of surviving child’s insurance benefits pursuant to 42 U.S.C. § 416(h)(3)(C)(ii).

In early January of 1971, Johnson learned that she had become pregnant. Johnson was an eighteen year old high school student who had been dating Dennis Michael Hicks (Hicks) for approximately a year prior to the discovery of her pregnancy. Hicks was an eighteen year old college student who…