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GREEN v. SHALALA

No. 94-2824.

51 F.3d 96 (1995)

Judy Anne GREEN, individually and as mother and next friend of John J. Green and John J. Green, Plaintiffs-Appellants, v. Donna E. SHALALA, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided March 30, 1995.

Attorney(s) appearing for the Case

Frank H. Byers (argued), Fuller, Hopp, McCarthy, Quigg & Byers, Decatur, IL, for plaintiffs-appellants.

David H. Hoff, Asst. U.S. Atty., Office of the U.S. Atty., Urbana Div., Urbana, IL, and Robert C. Stephens (argued), Department of Health and Human Services, Region V, Office of the Gen. Counsel, Chicago, IL, for defendant-appellee.

Before COFFEY, RIPPLE and KANNE, Circuit Judges.

RIPPLE, Circuit Judge.

In 1984, John Charles Green, husband of the appellant Judy Anne Green, disappeared from his home and never returned. Mrs. Green waited seven years and then, believing her husband to be dead, applied for child survivor insurance benefits on behalf of her youngest child, John J. Green. After a hearing conducted by an administrative law judge ("ALJ"), the Secretary of Health and Human Services denied her claim. The district court affirmed the denial...

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