B.B. v. Schweiker

643 F.2d 1069 (1981)

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B.B. v. Schweiker

United States Court of Appeals for the Fifth Circuit
643 F.2d 1069 (1981)

Facts

Mrs. B (plaintiff), who was married to Mr. B, had a son out of wedlock while Mr. B was serving in the military overseas. Despite this, Mr. and Mrs. B maintained their marital relationship and lived together in Georgia. Mr. B supported the child, publicly treating the child as his son and agreeing to provide for him. Following Mr. B’s death, Mrs. B applied for child benefits under the Social Security Act on her son’s behalf, using Mr. B’s earnings as a basis for the application. Secretary of Health and Human Services Richard Schweiker (the secretary) (defendant) denied the application, concluding that Mrs. B’s illegitimate son was not Mr. B’s child or stepchild and thus not entitled to benefits. Mrs. B brought suit. The district court upheld the secretary’s denial of surviving-child’s insurance benefits. Mrs. B appealed.

Rule of Law

Issue

Holding and Reasoning (Godbold, C.J.)

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