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DANIELS ON BEHALF OF DANIELS v. SULLIVAN

No. 91-8770.

979 F.2d 1516 (1992)

Cassandra DANIELS, on Behalf of Adonis Q. DANIELS, her minor child, Plaintiffs-Appellants, v. Louis W. SULLIVAN, in his capacity as Secretary of the U.S. Department of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

December 30, 1992.

Attorney(s) appearing for the Case

Mark N. Harper, Augusta, Ga., Lisa J. Krisher, Atlanta, Ga., for plaintiffs-appellants.

Henry L. Whisenhunt, Jr., Asst. U.S. Atty., Augusta, Ga., Dennis R. Williams, Office of General Counsel, Bruce R. Granger, Mack A. Davis, James N. Stephens, Atlanta, Ga., for defendant-appellee.

Carol Atha Cosgrove, Sr. Asst. Atty. Gen., Atlanta, Ga., for amicus State of Ga.

Before ANDERSON, Circuit Judge, MORGAN and JOHNSON, Senior Circuit Judges.

ANDERSON, Circuit Judge:

I. INTRODUCTION

For the purposes of determining an illegitimate child's eligibility for survivors benefits, the Social Security Act incorporates by reference the intestacy scheme of the state in which the insured was domiciled at the time of his death. See 42 U.S.C. §§ 402(d), 416(h)(2)(A). In the case of a Georgia decedent, the Social Security Act incorporates the Georgia...

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