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D'ACCARDI v. CHATER

No. 95-2988.

96 F.3d 97 (1996)

Jean D'ACCARDI on behalf of herself and as Guardian Ad Litem for Vanessa Vigil and Joaquin Vigil, Plaintiffs-Appellants, v. Shirley S. CHATER, Commissioner of Social Security, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided September 16, 1996.

Attorney(s) appearing for the Case

ARGUED: Lesley Fogleman Moxley, Pamlico Sound Legal Services, New Bern, North Carolina, for Appellants. Barbara Dickerson Kocher, Assistant United States Attorney, Raleigh, North Carolina, for Appellee. ON BRIEF: Janice McKenzie Cole, United States Attorney, Raleigh, North Carolina, for Appellee.

Before HALL and ERVIN, Circuit Judges, and JACKSON, United States District Judge for the Eastern District of Virginia, sitting by designation.

Reversed and remanded by published opinion. Judge ERVIN wrote the opinion, in which Judge HALL and Judge JACKSON joined.

OPINION

ERVIN, Circuit Judge:

Jean D'Accardi appeals on behalf of her two children from the denial of their application for Social Security Survivor's Insurance benefits. She contends that the Commissioner of Social Security erred in deciding that her children were not equitably adopted by her deceased husband, based on evidence...

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