Doris Kathleen Hutcheson for Herself and on Behalf of Sarah Genie Hutcheson v. Joseph A. Califano, Jr., Secretary of Health, Education and Welfare

Doris Hutcheson for herself and on behalf of Sarah Hutcheson appeals the denial of their claim for Social Security benefits under 42 U.S.C. § 402 (b)(1), (d)(1) (1976). The Secretary of Health, Education and Welfare denied the claim and the district court affirmed. This court has jurisdiction under 42 U.S.C. § 405 (g) and 28 U.S.C. § 1291 . We reverse and remand.

The eligibility of Doris and Sarah for Social Security benefits turns on whether or not Sarah is a “stepchild” of Doris’ husband Elwood, a recipient of old-age benefits under 42 U.S.C. § 402 (d)(1). We hold that she is.

FACTS

Elwood Hutcheson is an “insured individual” entitled to old-age benefits under the Social Security Act. 42 U.S.C. § 402 (a). He married Doris on June 5, 1970. Sometime in October of 1972, Elwood and Doris separated. On October 10, 1973, Sarah was born in New Jersey, where Doris was living at the time. One David Robison is listed as Sarah’s father on her birth certificate. Doris and Sarah returned to Elwood’s home in Yakima, Washington on March 3, 1974 and have lived with him there ever since. Elwood legally adopted Sarah on May 16, 1974.

SARAH’S ELIGIBILITY

Sarah is entitled to “child’s…