Baker ex rel. Baker v. Sullivan

RONEY, Chief Judge:

This is an appeal of a final decision of the Secretary denying children’s benefits under the Social Security Act. 42 U.S.C.A. § 416(h)(2)(A). We affirm the denial of benefits concerning the 1979 application. We reverse the district court’s determination concerning benefits granted in 1985, however, on the ground that the Secretary improperly reopened a prior award of benefits.

The facts are a bit unusual. In 1979, Laurene Baker applied for children’s insurance benefits claiming Elton Lowery as the insured father of her two children, Melinda Baker, age 11, and Hosie Baker,…