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BECKER v. SECRETARY OF HEALTH AND HUMAN SERVICES

No. 89-1732.

895 F.2d 34 (1990)

Barbara BECKER, etc., et al., Plaintiffs, Appellees, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant, Appellee. Appeal of Lisa MARCOUX on Behalf of Amy MARCOUX, Defendant-In-Intervention, Appellant.

United States Court of Appeals, First Circuit.

Decided February 1, 1990.

Attorney(s) appearing for the Case

Ellen L. Gordon, Manchester, N.H., with whom New Hampshire Legal Assistance was on brief, for defendant-in-intervention, appellant.

Charles L. Flower, for plaintiffs, appellees.

Before CAMPBELL, Chief Judge, BOWNES and BREYER, Circuit Judges.

BREYER, Circuit Judge.

The Social Security Administration ("SSA") had to decide whether Amy Marcoux was the legitimate daughter of Gene Marcoux or the illegitimate daughter of the late Raymond Petit. If the latter, the SSA will pay Amy a share of Raymond Petit's survivor's benefits, although in order to do so, it will have to reduce the current payments it makes to Raymond's two legitimate children. See 42 U.S.C. §§ 402(d), 403(a). These two children...

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