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JAVIER v. COMMISSIONER OF SOCIAL SEC.

No. 03-5153.

407 F.3d 1244 (2005)

Rosita S. JAVIER, Appellant v. COMMISSIONER OF SOCIAL SECURITY, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided May 20, 2005.

Attorney(s) appearing for the Case

Lorane F. Hebert, appointed by the court, argued the cause as amicus curiae in support of the appellant. Patricia A. Brannan was on brief.

Rosita S. Javier, pro se, was on brief for the Appellant.

Fred E. Haynes, Assistant United States Attorney, argued the cause for appellee. Kenneth L. Wainstein, United States Attorney, Michael J. Ryan, Assistant United States Attorney, and Daniel Y. Balsam, Attorney, Social Security Administration, were on brief. R. Craig Lawrence, Assistant United States Attorney, entered an appearance.

Before: HENDERSON and ROGERS, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

KAREN LeCRAFT HENDERSON, Circuit Judge.

Alfonso T. Javier was a naturalized United States citizen who lived in his native country, the Philippines, from the late 1970s until his death on July 17, 2004. Based on his long-time employment in the United States, Javier qualified as an insured individual and received retirement benefits under the Social Security Act, 42 U.S.C. §§ 401 et seq. (Act). In addition, his wife and two sons received Social Security...

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