(DOWNLOAD) "Parsons v. Health and Human Services" by United States Court of Appeals for the Fourth Circuit # eBook PDF Kindle ePub Free
eBook details
- Title: Parsons v. Health and Human Services
- Author : United States Court of Appeals for the Fourth Circuit
- Release Date : January 21, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
BUTZNER, Senior Circuit Judge: Evelyn M. Parsons, suing on behalf of her infant son, Charles I. Bryant, Jr., appeals a summary judgment affirming the Secretary's denial of his Social Security benefits. The child's father was an insured, deceased wage earner. Parsons raises two issues: first, the North Carolina Succession Law, as applied to an illegitimate, posthumous child is unconstitutional, and, consequently, her child is entitled to benefits under 42 U.S.C. § 416(h)(2)(A). Second, at the time of his death, the father was contributing to his son's support, entitling him to benefits under 42 U.S.C. § 416(h)(3)(C)(ii). The district court affirmed the denial of benefits, holding that the Secretary's decision was supported by substantial evidence. We reverse because the district court and the administrative law judge misapplied the legal standards for ascertaining the adequacy of contributions to an illegitimate, posthumous child.