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WATTS v. VENEMAN

October 28, 1971

Ethel L. WATTS et al., Plaintiffs,
v.
John G. VENEMAN et al., Defendants


Corcoran, District Judge.


The opinion of the court was delivered by: CORCORAN

CORCORAN, District Judge.

 I

 This action is brought under § 205(g) of the Social Security Act, 42 U.S.C. § 405(g), to review two final decisions of the Secretary of Health, Education and Welfare denying separate claims to child's insurance benefits under § 202(d) of the Act, 42 U.S.C. § 402(d). The first claim was asserted by Ethel L. Watts on behalf of Patricia and John T. Sumlin, minors; and the second claim was asserted by Audrey M. Marlowe on behalf of Lamont S., and Michelle L. and Michael T. Jones, minors. In each instance the issue is before the Court on cross motions for summary judgment.

 II

 The decision of both claims asserted herein rests in the interpretation and application of Section 202(d) of the Social Security Act, 42 U.S.C. § 402(d). That section accords benefits to the child of an individual who dies fully or currently insured if:

 
(A) an application has been filed for child's insurance benefits; and
 
(B) at the time such application was filed the child was unmarried; and
 
(C) the child had either
 
(1) not attained the age of 18 or
 
(2) was a full-time student who had not attained the age of 22 or
 
(3) was under a disability which began before he reached age 18; and
 
(D) the child was dependent upon the insured individual at the time the insured individual died.

 "Child" is defined in § 216(e) of the Act, 42 U.S.C. § 416(e) as the child, the legally adopted child or the stepchild of an individual. Section 216(h)(2)(A) of the Act, 42 U.S.C. § 416(h)(2)(A), further provides that in determining whether an applicant is the child of insured individual, the Secretary shall apply such law as would be applied in determining the devolution of intestate personal property by the courts of the State in which the insured individual is domiciled at the time the application is filed or, if such individual is dead, by the courts of the State in which he was domiciled at the time of ...


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