SMITH ON BEHALF OF SISK v. BOWEN

No. 87-6263.

862 F.2d 1165 (1989)

Vanessa SMITH on Behalf of Chad Christopher SISK, a child, Plaintiff-Appellant, v. Otis R. BOWEN, M.D., Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

January 10, 1989.


Attorney(s) appearing for the Case

Nancy B. Amick, James M. McCarthy, North Central Texas Legal Aid Foundation, Inc., McKinney, Tex., for plaintiff-appellant.

Marguerite Lokey, Dept. of Health and Human Services, Dallas, Tex., Steven M. Mason, Bob Wortham, U.S. Atty., William J. Cornelius, Jr., First Asst. U.S. Atty., Tyler, Tex., for defendant-appellee.

Before GOLDBERG, HIGGINBOTHAM and DAVIS, Circuit Judges.


W. EUGENE DAVIS, Circuit Judge:

Appellant, on behalf of her minor son, appeals the Secretary's denial of Social Security survivor's benefits. For the reasons that follow, we reverse the Secretary's determination and conclude that appellant was entitled to survivor's benefits.

I.

Gary Glenn Sisk, a wage earner, died on June 17, 1981. On July 1, 1981, appellant, Vanessa Smith, filed an application for surviving...

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