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VEENEY ON BEHALF OF STROTHER v. SULLIVAN

No. 92-1000.

973 F.2d 326 (1992)

Debra VEENEY, on behalf of Rafeal N. STROTHER, a minor, Plaintiff-Appellant, v. Louis W. SULLIVAN, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided August 19, 1992.

As Amended September 28, 1992.

Attorney(s) appearing for the Case

Jamie Britton Aliperti, Rappahannock Legal Services, Inc., Culpeper, Va., argued for plaintiff-appellant.

Patricia McEvoy Smith, Asst. Regional Counsel, Office of the General Counsel, Dept. of Health & Human Services, Philadelphia, Pa., argued (Eileen Bradley, Chief Counsel, Region III, Office of the General Counsel, E. Montgomery Tucker, U.S. Atty., Richard A. Lloret, Asst. U.S. Atty., Roanoke, Va., on the brief), for defendant-appellee.

Before ERVIN, Chief Judge, HAMILTON, Circuit Judge, and KELLAM, Senior United States District Judge for the Eastern District of Virginia, sitting by designation.

OPINION

ERVIN, Chief Judge:

Debra Veeney applied to the Social Security Administration (SSA) for survivor benefits on behalf of her two sons after their father, Stanley Edward Moore, died. SSA awarded benefits to Cornell, Veeney's older son, but denied them to Rafeal, her younger son. Veeney then appeared at a hearing before an Administrative Law Judge (ALJ), who held that Veeney had not presented sufficient evidence that Moore was Rafeal's father. On appeal...

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