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STONE v. HECKLER

No. 82-1374.

715 F.2d 179 (1983)

Oretta J. STONE (Sawyer, Danny D., deceased wage earner, S.S. # 462-62-0293), Plaintiff-Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 26, 1983.

Attorney(s) appearing for the Case

James Q. Smith, Wichita Falls, Tex., Michael S. Fawer, New Orleans, La., for plaintiff-appellant.

Anthony W. Vaughn, Asst. U.S. Atty., Fort Worth, Tex., Charlene Seifert, Asst. Reg. Atty., U.S. Dept. of H.H.S., Dallas, Tex., for defendant-appellee.

Before BROWN, WISDOM and JOHNSON, Circuit Judges.

JOHN R. BROWN, Circuit Judge:

In this case involving a challenge by an ex-spouse to the granting of surviving child's benefits under the Social Security Act to the stepchildren of the deceased wage earner, this court must determine whether the Secretary's decision that the stepchildren of the deceased wage earner were eligible for such benefits is based on substantial evidence in the record as a whole. This determination revolves around the question of whether the...

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