Legal Opinion

Doris Kathleen Hutcheson for Herself and on Behalf of Sarah Genie Hutcheson v. Joseph A. Califano, Jr., Secretary of Health, Education and Welfare

Court of Appeals for the Ninth Circuit

Decided January 30, 1981No. 78-2664PublishedCited by 4 opinions

1Opinion of the Court

FLETCHER, Circuit Judge:

Doris Hutcheson for herself and on behalf of Sarah Hutcheson appeals the denial of their claim for Social Security benefits under 42 U.S.C. § 402(b)(1), (d)(1) (1976). 1 The Secretary of Health, Education and Welfare denied the claim and the district court affirmed. This court has jurisdiction under 42 U.S.C. § 405(g) and 28 U.S.C. § 1291. We reverse and remand.

The eligibility of Doris and Sarah for Social Security benefits turns on whether or not Sarah is a “stepchild” of Doris’ husband Elwood, a recipient of old-age benefits under 42 U.S.C. § 402(d)(1). We hold that…

2Cases cited8 opinions

  1. Jimenez v. WeinbergerSupreme Court of the United States · 1974
  2. Ca 79-2817 Dana Clayborne, by Her Next Friend and Mother, Anna M. Clayborne v. Joseph H. Califano, Jr., Secretary of Health, Education and WelfareCourt of Appeals for the Second Circuit · 1979
  3. State v. GillaspieCourt of Appeals of Washington · 1973
  4. Pierson v. PiersonWashington Supreme Court · 1923
  5. Hagler v. FinchCourt of Appeals for the Ninth Circuit · 1971

3 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. State of Washington, Department of Social & Health Services v. BowenCourt of Appeals for the Ninth Circuit · 1987
  2. Wittig Ex Rel. Peake v. ShalalaDistrict Court, W.D. Michigan · 1994
  3. National Ins. Services v. Health Practice Management, Inc.Court of Appeals for the Ninth Circuit · 1994
  4. State of Washington, Department of Social and Health Services v. BowenCourt of Appeals for the Ninth Circuit · 1987

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