Court of Appeals for the Fifth Circuit April 27, 1981, 79-3539 (B. B. On Behalf of A. L. B. v. Richard S. Schweiker, Secretary of Health and Human Services)

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United States · · · 27-04-1981

GODBOLD, Chief Judge:

Mrs. B appeals from the judgment of the district court affirming the Secretary’s denial of surviving child’s insurance benefits, 42 U.S.C. § 402(d)(1), to her child, A.

B-B v. Califano,

476 F.Supp. 970 (M.D.Ga.1979).

Mrs. B’s deceased husband, Mr. B, is the wage earner through whom A claims benefits. Although A was born during Mrs. B’s marriage to Mr.

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