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McKEE v. SULLIVAN

No. 89-8328.

903 F.2d 1436 (1990)

Jayne McKEE, Individually, her minor children, and as next friend of Richard McKee and Scott McKee, Plaintiff-Appellant, v. Louis SULLIVAN, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

June 22, 1990.

Attorney(s) appearing for the Case

John Allen Howard, Fortson & White, Mary M. Brockington, Atlanta, Ga., for plaintiff-appellant.

Kenneth G. Levin, Atlanta, Ga., for amicus curae, Atlanta Legal Aid Society.

Sharon Douglas Stokes, Atlanta, Ga., for defendant-appellee.

Before JOHNSON and ANDERSON, Circuit Judges, and TUTTLE, Senior Circuit Judge.

ANDERSON, Circuit Judge:

This case involves the novel question of whether 20 C.F.R. § 404.720(c) (1988) permits the consideration of circumstantial evidence in determining whether a person is dead for the purpose of social security benefits for his dependents.

FACTS

The appellant married Richard Garrett McKee on February 14, 1981. They had a fourteen-month-old child and another child on the way when Mr. McKee disappeared. At the time of his...

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