Jason J. Owens, by and Through Theresa Owens, Mother and Next Friend v. Richard S. Schweiker, Secretary of Health and Human Services

Jason Owens appeals from the denial of his application for Title II Social Security children’s dependency benefits. Jason was born out of wedlock subsequent to his father’s death. His right to benefits depends upon whether he would inherit personal property from his father under Washington State’s law of intestate succession. He contends that the Secretary and the district court erred by applying the law of intestate succession in effect at the time of his father’s death, rather than the law in effect at the time of the Secretary’s determination. We agree and reverse.

I

Jason Owens alleges that he is the illegitimate son of Elvis Joe Quinton. Quinton, a Washington resident, died in an automobile accident in 1971, six months before Jason was born. Theresa Owens, Jason’s mother, was never married to Quinton nor did she live with him. Quinton was unaware of the pregnancy at the time of his death, and left no will or other writing acknowledging the unborn child as his own.

In 1978, Theresa Owens filed a claim for Social Security benefits on behalf of Jason. Following a final decision of the Secretary denying the claim for benefits, this action was brought in the district court…