Mary Grace Purganan v. Richard S. Schweiker , Secretary, Department of Health and Human Services

On the death of her father Appellant received child’s insurance benefits under the Social Security Act. 42 U.S.C. § 402 (d). These benefits ceased on her marriage in June 1976. § 402(d)(1)(D). That marriage was annulled in December 1976 and Appellant was granted benefits from that date until, at age 22, she became ineligible for further assistance. § 402(d)(l)(F)(ii). Appellant now seeks to recover retroactively benefits for the period of her marriage on the ground that under California law an annulment renders the marriage void ab initio. Benefits were denied by the Secretary. On review of that ruling, the district court granted summary judgment to the Secretary and this appeal was taken. We affirm.

While under California law an annulment of marriage operates to relate back and “erase the marriage and all its implications from the outset,” such relation back applies only when it operates to achieve justice as between the parties to the marriage or otherwise promotes sound policy. Sefton v. Sefton, 45 Cal.2d 872, 874 , 291 P.2d 439, 440 (1955). Thus the rule will not operate to reinstate alimony rights from a previous marriage. Id.

To the same effect is Powers v. Fox, 96…