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REUTTER EX REL. REUTTER v. BARNHART

No. 03-2784, 03-2849.

372 F.3d 946 (2004)

Larry REUTTER, on behalf of Destiny REUTTER, Plaintiff-Appellee/Cross-Appellant, v. Jo Anne B. BARNHART, Commissioner of Social Security, Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: June 16, 2004.

Attorney(s) appearing for the Case

Stephanie R. Marcus, argued, Civil Division, Dept. of Justice, Washington, DC, for appellant/cross-appellee.

JoAnne Hager Ottmar, argued, Jamestown, ND, for appellee/cross-appellant.

Before MURPHY and FAGG, Circuit Judges, and GOLDBERG, Judge.

MURPHY, Circuit Judge.

Larry Reutter sought Social Security benefits for his daughter Destiny after the death of his wife, Ann Carlson. An administrative law judge (ALJ) denied the claim, finding that Carlson had neither contributed half of Destiny's support nor equitably adopted her, and the Appeals Council denied review. Reutter then filed this action seeking judicial review, and the district court concluded that Destiny was entitled to child's insurance benefits...

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