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PARISI BY COONEY v. CHATER

No. 95-1230.

69 F.3d 614 (1995)

Anthony PARISI, II, a minor, by his Parent and Natural Guardian, Lorralee COONEY, Plaintiff, Appellee, v. Shirley S. CHATER, Commissioner of Social Security, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided November 8, 1995.

Attorney(s) appearing for the Case

Steve Frank, United States Department of Justice, with whom Frank W. Hunger, Assistant Attorney General, Donald K. Stern, United States Attorney, and William Kanter, United States Department of Justice were on brief, for appellant.

Sandra L. Smales, with whom Raymond Cebula was on brief, for appellee.

Before STAHL, Circuit Judge, CAMPBELL, Senior Circuit Judge, and LYNCH, Circuit Judge.

LYNCH, Circuit Judge.

In 1991 when Anthony Parisi, II ("Anthony") was nine years old, the Social Security Administration reduced the amount he was receiving in dependent child's benefits on account of his disabled father Anthony Parisi ("Parisi") from $464 a month to $262 a month. The purported justification for the reduction is a provision in the Social Security Act ("SSA") that sets a maximum amount that can be paid out on a single wage earner's account. If the...

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