McKENZIE v. HARRIS

No. 81-2520.

679 F.2d 8 (1982)

McKENZIE, Mary E. v. HARRIS, Patricia, Secretary of Health & Human Services of the United States, Mary McKenzie, Appellant.

United States Court of Appeals, Third Circuit.

Decided May 21, 1982.


Attorney(s) appearing for the Case

Stephen T. Shaffer (argued), Stephen T. Shaffer & Assoc., P. C., Philadelphia, Pa., for appellant.

Larry H. Bailine (argued), Asst. Regional Atty., David R. Culp, Acting Regional Atty., Region III, Dept. of Health & Human Services, Washington, D. C., Peter F. Vaira, U. S. Atty., Dawn MacPhee, Asst. U. S. Atty., Philadelphia, Pa., for appellee.

Before HUNTER, WEIS and HIGGINBOTHAM, Circuit Judges.


OPINION OF THE COURT

JAMES HUNTER, III, Circuit Judge:

The appellant in this case (Mary McKenzie, also known as Mary Williams) seeks surviving children's Social Security insurance benefits ("benefits") for her two children based upon the earnings record of the deceased wage earner, William McKenzie ("the decedent"). A hearing was held before an Administrative Law Judge ("ALJ") in Tulsa, Oklahoma, and the ALJ denied appellant's claim on the ground that there...

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