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DESCHEENIE ON BEHALF OF DESCHEENIE v. BOWEN

No. 86-2385.

850 F.2d 624 (1988)

Mary Lou DESCHEENIE, on Behalf of Harrison DESCHEENIE, a minor, Plaintiff-Appellee, v. Otis R. BOWEN, M.D., Secretary of Health and Human Services, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 27, 1988.

Attorney(s) appearing for the Case

Stephen T. LeCuyer of Mettler & LeCuyer, Shiprock, N.M., for plaintiff-appellee.

Stanley Ericsson, Atty. (Richard K. Willard, Asst. Atty. Gen., William L. Lutz, U.S. Atty., Ronald F. Ross, Asst. U.S. Atty., Donald A. Gonya, Asst. General Counsel, Randolph W. Gaines, Deputy Asst. General Counsel for Litigation, and John M. Sacchetti, Chief, Retirement and Survivors Ins. Litigation Branch, with him on the briefs), U.S. Dept. of Health and Human Services, Baltimore, Md., for defendant-appellant.

Before MOORE, ANDERSON and BRORBY, Circuit Judges.

JOHN P. MOORE, Circuit Judge.

In 1971, Mary Lou Descheenie sought surviving child benefits on behalf of her son, Harrison, under Title II of the Social Security Act, 42 U.S.C. § 402(d)(1). The application was denied. Ms. Descheenie reapplied for benefits in 1981, and on June 9, 1983, after a hearing, the Administrative Law Judge awarded benefits on both the 1971 and 1981 applications. The Appeals Council of the Social Security Administration (Administration)...

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