Jones v. Schweiker Book Reviews

Jones v. Schweiker by Fourth Circuit United States Court Of Appeals Book Summary

The Social Security Act provides monthly benefits to minor children of deceased Social Security wage earners, if they qualify, under the statutory definition, as dependents.1 Children whose parents were married to one another are automatically entitled to Surviving Child's benefits upon proof of paternity (or of maternity. The two cases here considered together concerned deceased wage-earning fathers.) Children whose parentage is not so formally established, however, must meet one or another additional test. Two of the ways such sons and daughters can establish entitlement to the benefits are (a) by proving that their father was ""contributing to (their) support"" at the time of his death, 42 U.S.C. § 416(h)(3)(C)(ii), or (b) by establishing, ""according to such law as would be applied in determining the devolution of intestate personal property by the Courts of the State in which (the wage earner) was domiciled at the time of his death,"" that they ""would have the same status relative to taking intestate personal property as a (legitimate) child ...."" 42 U.S.C. § 416(h)(2)(A). Those two ways are asserted by the claimants here. No contention is raised that, for purposes of § 416(h)(3)(C)(ii), the wage earners were living with the respective claimants.

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