Sullivan
LE FEVRE BY AND THROUGH LE FEVRE v. Sullivan
Opinion
Opinion
Tassopulos, J.
MEMORANDUM OPINION
Plaintiff has filed a Motion for Summary Judgment seeking to reverse the decision of the defendant denying her application for child’s insurance benefits. Defendant, the Secretary of Health and Human Services, has filed a Cross Motion for Summary Judgment seeking affirmance of his decision denying plaintiff’s application for benefits.
The parties filed a Consent to Proceed Before a United States Magistrate, pursuant to the provisions of 28 U.S.C. § 636 (c), on March 21, 1991.
STATEMENT OF ADMINISTRATIVE PROCEEDINGS
Plaintiff, Jeannie Le Fevre, filed an application for child’s insurance benefits on behalf of her daughter, Karissa P. Le Fevre, on April 19, 1988, alleging that Kar-issa was the natural child of wage earner Mohammad Hashem Zubin, who died on March 16, 1987. (Administrative Record, hereinafter “A.R.”, pages 33-38). Plaintiff’s application was denied initially (A.R. 41-42) and upon reconsideration (A.R. 47-53). Plaintiff requested an administrative hearing (A.R. 54-55) which was held on March 1, 1990 (A.R. 23-32) before an Administrative Law Judge (hereinafter “AU”).
The AU issued a recommended decision on April 23, 1990. (A.R. 9-14). The AU…