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JONES v. SCHWEIKER

Nos. 81-1080, 81-1132.

668 F.2d 755 (1981)

Albert A. JONES, a minor child; Bridget Jones, a minor child, by their mother and next friend, Albertine Jones; Barbara L. Jones, Appellants, v. Richard S. SCHWEIKER, Secretary of Health and Human Services, Appellee. Marcia SIMMS, a minor by her next friend, Sheila Simms, Appellant, v. Richard S. SCHWEIKER, Secretary, Department of Health and Human Services, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided December 30, 1981.

Rehearing and Rehearing Denied April 5, 1982.

Attorney(s) appearing for the Case

Dennis W. Carroll, Baltimore, Md. (Eileen Franch, Administrative Law Center, Legal Aid Bureau, Inc., Baltimore, Md., on brief), for appellants.

Stanley Ericsson, Office of the Gen. Counsel, Dept. of Health and Human Services (Thomas S. Martin, Acting Asst. Atty. Gen., Washington, D. C., Russell T. Baker, Jr., U. S. Atty., Randolph W. Gaines, Chief of Litigation, Baltimore, Md., on brief), for appellee.

Before BRYAN, Senior Circuit Judge, and PHILLIPS and MURNAGHAN, Circuit Judges.

Rehearing and Rehearing En Banc Denied April 5, 1982.

MURNAGHAN, Circuit Judge:

The Social Security Act provides monthly benefits to minor children of deceased Social Security wage earners, if they qualify, under the statutory definition, as dependents.1 Children whose parents were married to one another are automatically entitled to Surviving Child's benefits upon proof of paternity (or of maternity. The two cases here considered...

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