PULLEY FOR PULLEY v. BOWEN

No. 86-1647.

817 F.2d 453 (1987)

Lois PULLEY for Susan PULLEY, Plaintiff-Appellant, v. Otis R. BOWEN, M.D., Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided April 29, 1987.


Attorney(s) appearing for the Case

John W. Campbell, Biddinger & Johnson, Marion, Ill., for plaintiff-appellant.

James G. Richmond, U.S. Atty's. Office, Hammond, Ind., Christina McKee, Asst. U.S. Atty., Fort Wayne, Ind., Donald T. McDougall, Regional Counsel, HHS, Chicago, Ill., for defendant-appellee.

Before CUMMINGS, FLAUM, and EASTERBROOK, Circuit Judges.


PER CURIAM.

The Social Security Act provides insurance benefits to dependent minor children (both natural and adopted) if a parent who is covered under the Act dies. 42 U.S.C. § 402(d). A child adopted by the surviving spouse within two years of the insured's death is entitled, with one exception, to the same benefits. 42 U.S.C. § 416(e). This lawsuit involves the exception which disqualifies a child from receiving benefits if at the time of the insured...

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