Kyle Doran, a Minor, by His Next Friend, Doris Clark v. Richard S. Schweiker, Secretary, United States Department of Health and Human Services

The issue in this case is how much support an impoverished father must contribute to render his illegitimate posthumous child eligible for Social Security Child’s insurance benefits under 42 U.S.C. § 416 (h)(3)(C)(ii).

I

Kyle Doran, an illegitimate child, claims entitlement to Social Security Child’s insurance benefits. To establish eligibility, he must prove that his father, at death, was “contributing to the applicant’s support” under 42 U.S.C. § 416 (h)(3)(C)(ii). He presented the following undisputed evidence through affidavits and testimony at his Social Security Administration hearing.

Doran is the child of Doris Clark and Kim Mace. Mace and Clark began living together in December 1969. In early January, after Clark discovered that she was pregnant, Mace publicly acknowledged his paternity. At the end of January, after a disagreement, Clark moved out to a cabin on a ranch, where she was provided free lodging, and, in return for taking care of a child, free meals. During the time they lived together, Mace and Clark were both unemployed. Each contributed to the rent and food from other funds. After Ms. Clark left, Mace took a job. He did not contribute money to her support,…