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MacNEIL v. BERRYHILL

No. 16-2189 August Term 2016.

869 F.3d 109 (2017)

Sharon MacNEIL, on her own behalf and on behalf of her minor children A.T.M. and C.E.M., Plaintiff-Appellant, v. Nancy A. BERRYHILL, Acting Commissioner of Social Security, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: August 24, 2017.

Attorney(s) appearing for the Case

FARA TABATABAI ( Hagit M. Elul , on the brief), New York, New York, for Plaintiff-Appellant.

SANDRA M. GROSSFELD ( Stephen P. Conte , on the brief), New York, New York, for Grant C. Jaquith , Acting United States Attorney for the Northern District of New York, Syracuse, New York, for Defendant-Appellee.

Judge Lynch concurs in the judgment and in the opinion of the Court and files a separate concurring opinion.

Plaintiff-Appellant Sharon MacNeil ("MacNeil") conceived twins via in vitro fertilization eleven years after her husband, the donor spouse, died. After the children — A.T.M. and C.E.M. — were born, MacNeil filed applications for child's survivors' benefits, based on her husband's earnings...

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