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BOLDEN FOR BOLDEN v. BOWEN

No. 88-2087.

868 F.2d 916 (1989)

Brenda BOLDEN for Gervase BOLDEN, Plaintiff-Appellee, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided February 9, 1989.

Rehearing Denied April 3, 1989.

Attorney(s) appearing for the Case

Rick Richmond, Civ.Div., U.S. Dept. of Justice, Washington, D.C., for defendant-appellant.

James D. Adducci, Schuyler Roche & Zwirner, Chicago, Ill., for plaintiff-appellee.

Before CUDAHY and POSNER, Circuit Judges, and GRANT, Senior District Judge.

POSNER, Circuit Judge.

The child of a person qualified to receive social security disability benefits who dies is entitled to survivors' benefits under the Social Security Act. See 42 U.S.C. §§ 402(d)(3), 416(h). The child need not be legitimate; but if not, the decedent must either have been living with the child or contributing to the child's support. See 42 U.S.C. § 416(h)(3)(C)(ii). In 1973 Brenda Bolden applied for survivor's benefits on behalf...

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