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SANCHES v. SULLIVAN

April 24, 1990

SUSAN M. SANCHES, Plaintiff,
v.
LOUIS J. SULLIVAN, M.D., SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant



The opinion of the court was delivered by: BUA

 NICHOLAS J. BUA, UNITED STATES DISTRICT JUDGE

 Pursuant to § 205(g) of the Social Security Act ("the Act"), 42 U.S.C. § 405(g), plaintiff filed this action seeking reversal of the defendant's decision denying her claim for child insurance benefits under the Act. This order concerns the parties' cross-motions for summary judgment. For the reasons stated herein, defendant's motion for summary judgment is granted; plaintiff's motion is denied.

 FACTS

 Plaintiff Susan M. Sanches, who suffers from both mental and physical impairments, is the twenty-seven-year-old daughter of Warren Fencl. On January 4, 1986, she married James A. Sanches, a recipient of Social Security disability benefits. Subsequent to plaintiff's marriage, her father retired and applied for Social Security retirement benefits. On March 18, 1988, plaintiff applied for child insurance benefits as the dependent of her father. Defendant Louis J. Sullivan, the Secretary of Health and Human Services ("the Secretary"), denied plaintiff's application for child's benefits. In denying plaintiff's claim, the Secretary specifically relied on § 202(d)(1) of the Act, which provides:

 
Child's insurance benefits
 
(1) Every child . . . of an individual entitled to old-age . . . benefits, . . . if such child --
 
(A) has filed an application for child's insurance benefits,
 
(B) at the time such application was filed was unmarried and (i) either had not attained the age of 18 or was a full-time elementary or secondary school student and had not attained the age of 19, or (ii) is under a disability . . . which began before he attained the age of 22, and
 
(C) was dependent on such individual -- (i) if such individual is living, at the time such application was filed . . .
 
shall be entitled to a child's insurance benefit. . .

 42 U.S.C. § 402(d)(1) (Emphasis added). Section 202(d)(1) is implemented at 20 C.F.R. § 404.350, as follows:

 
You are entitled to child's benefits on the earnings record of an insured person who is entitled to old-age ...

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