ADENS FOR GREEN v. SCHWEIKER

No. 85-1034.

773 F.2d 545 (1985)

Jean ADENS, for Angel GREEN, Appellant, v. Richard SCHWEIKER, Secretary of Health & Human Services of the United States, Appellee.

United States Court of Appeals, Third Circuit.

Decided October 9, 1985.


Attorney(s) appearing for the Case

Diane C. Bernoff (argued), Lester G. Weinraub, Hunt & Fineman, P.C., Philadelphia, Pa., for appellant.

Javier A. Arrastia (argued), Asst. Regional Atty., Beverly Dennis, III, Regional Atty., Office of Gen. Counsel, Dept. of Health and Human Services, Edward S.G. Dennis, Jr., U.S. Atty., and James G. Sheehan, Asst. U.S. Atty., Eastern Dist. of Pennsylvania, Philadelphia, Pa., for appellee.

Before ADAMS, GIBBONS and WEIS, Circuit Judges.


OPINION OF THE COURT

WEIS, Circuit Judge.

The issue in this case is whether claimant, a child born out of wedlock, is entitled to survivor's benefits under the Social Security Act as the child of a deceased wage earner. The district court determined that claimant was not entitled to inherit under Pennsylvania intestate laws and thus was not eligible under the terms of the Social Security Act. As a second basis for denying benefits, the court found that claimant...

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