LINDLEY FOR LINDLEY v. SULLIVAN

No. 87-1791.

889 F.2d 124 (1989)

Ray LINDLEY FOR David A. LINDLEY, Plaintiff-Appellant, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided November 13, 1989.

As Amended November 22, 1989.


Attorney(s) appearing for the Case

Douglas N. Dorris, Harris, Lambert & Wilson, Marion, Ill., for plaintiff-appellant.

Donna L. Calvert, Donald T. McDougall, Michale T. Lamb, Jeffrey M. Taske, Dept. of Health and Human Services, Chicago, Ill., for defendant-appellee.

Before CUDAHY, FLAUM and MANION, Circuit Judges.


CUDAHY, Circuit Judge.

Under the provisions of the Social Security Act (the "Act"), a wage earner who is entitled to receive old age or disability insurance benefits is also generally eligible to receive Child Insurance Benefits ("CIB") for his or her dependent children. Congress expressly chose, however, to limit CIB eligibility when a benefits recipient adopts an unrelated child after the onset date of the recipient's entitlement. Section 202(d)(8) of the Social...

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