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SEGOVIA v. HECKLER

No. 84-5003 Summary Calendar.

768 F.2d 596 (1985)

Beatrice SEGOVIA, Plaintiff-Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

May 24, 1985.

Attorney(s) appearing for the Case

Bill McKee, Legal Aid Assn., San Antonio, Tex., for plaintiff-appellant.

Helen M. Eversberg, U.S. Atty., Jack B. Moynihan, Asst. U.S. Atty., San Antonio, Tex., Yolanda Melendez Joosten, Office of Gen. Counsel, Dept. of Health & Human Serv., Dallas, Tex., for defendant-appellee.

Before REAVLEY, POLITZ and HIGGINBOTHAM, Circuit Judges.

PER CURIAM:

Beatrice Segovia filed an application on behalf of her children, seeking benefits payable to surviving children under the Social Security Act, 42 U.S.C. § 402(d). Segovia was never married to Alex Rivas, the father of the children and deceased-insured, and her claim was denied.

At a hearing before an administrative law judge Segovia had the burden of proving paternity and the dependency of the children in order to qualify them for social security...

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