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HAAS v. CHATER

No. 95-1918.

79 F.3d 559 (1996)

Christi HAAS, as parent and natural guardian of Scott M. Glenn, II, Plaintiff-Appellant, v. Shirley S. CHATER, Commissioner of Social Security, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided March 6, 1996.

Order Granting Rehearing and Vacating Decision May 15, 1996.

Attorney(s) appearing for the Case

Ivan A. Lebamoff, Thomas P. Boyer, Ann M. Trzynka (argued), Fort Wayne, IN, for Plaintiff-Appellant.

Robert N. Trgovich, Office of the United States Attorney, Fort Wayne, IN, Michael C. Messer (argued), Department of Health and Human Services, Region V, Office of the General Counsel, Chicago, IL, for Defendant-Appellee.

Before POSNER, Chief Judge, and BAUER and DIANE P. WOOD, Circuit Judges.

Order Granting Rehearing En Banc and Vacating Decision May 15, 1996.

POSNER, Chief Judge.

A dependent child of a wage earner is entitled to "child's insurance benefits" under the Social Security Act if the wage earner is insured under the Act and dies, becomes disabled, or reaches the age of 65. 42 U.S.C. § 402(d). Problems of determining entitlement sometimes arise when the wage earner dies and was not married to the child's mother. The Act contains...

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