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FIOLA v. SULLIVAN

No. 89-56094.

922 F.2d 526 (1990)

Norman J. FIOLA, Plaintiff-Appellant, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided December 28, 1990.

Attorney(s) appearing for the Case

Bertram L. Potter, Potter & Cohen, Pasadena, Cal., for plaintiff-appellant.

Dennis J. Mulshine, Asst. Regional Counsel, Dept. of Health and Human Services, San Francisco, Cal., for defendant-appellee.

Before BROWNING, PREGERSON and LEAVY, Circuit Judges.

PER CURIAM:

Under 42 U.S.C. § 402(d)(1)(B) of the Social Security Act, persons who have been disabled since childhood may receive benefits as secondary beneficiaries of fully insured wage-earning parents. This case concerns the eligibility for benefits of disabled secondary beneficiaries who have married and subsequently divorced. Plaintiff Norman Fiola has been disabled since childhood. Fiola received benefits from 1958 until his marriage in 1980 to a person...

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