Gloria MINGO, Plaintiff-Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services, Defendant-Appellee

Gloria Mingo appeals from a judgment of the United States District Court for the Northern District of California affirming the decision of the Secretary of Health, Education, and Welfare (the Secretary) 1 to deny Mingo social security benefits as the equitably adopted child of Jordan Cyrus. We reverse.

Mingo contends that the district court erred in deciding that she did not qualify *538 for children’s insurance benefits. Mingo’s status as a “child” presents a question of California law. 2 The Secretary concedes that, under California law, an equitable adoptee is a child for benefit purposes. Therefore, the sole issue on appeal is whether, under California law, Cyrus had equitably adopted Mingo before he formally adopted her in November 1978.

FACTS

The facts are not disputed. Gloria Min-go, age 25, is the natural daughter of Helen Todd. Todd’s mother, Marie Ridgeway, lives with Jordan Cyrus as his common law wife. Cyrus and Ridgeway obtained custody of Mingo from Todd a month after Mingo’s birth. Although she maintained contact with Mingo, Todd never tried to get her back. Cyrus and Ridgeway, on the other hand, always treated Mingo as their daughter. Cyrus supported Mingo and,…

dissenting:

The majority today completely disregards the substantial evidence standard of review enunciated by the Supreme Court in Richardson v. Perales, 402 U.S. 389, 401 , 91 S.Ct. 1420, 1427 , 28 L.Ed.2d 842 (1971), and reviews this case de novo. The majority mistakenly assumes that, because the facts are undisputed, “this is a legal issue.” The AU’s decision, however, does not rest on an erroneous understanding of the applicable California law.

In this case, the resolution of this issue “requires an inquiry that is ‘essentially factual.’ ” See United States v. McConney, 728 F.2d 1195, 1202 (9th Cir.1984) (en banc), petition for cert, filed, 52 U.S.L.W. 3875 (U.S. May 17, 1984) (No. 83-1884). Although the facts may be stipulated here, the inferences properly drawn from them are not. See American Fidelity & Casualty Co. v. London & Edinburgh Insurance Co., 354 F.2d 214, 216 (4th Cir.1965). The inferences must be drawn from the words and conduct of Cyrus, Mingo and Todd over a period of many years. The factfinder, the AU, is in a much better position than we to make such inferences. As the Fourth Circuit Court of Appeals in Charbonnages De France v. Smith, 597 F.2d 406 (4th…

745 F.2d 537 7 Soc.Sec.Rep.Ser. 113, Unempl.Ins.Rep. CCH 15,566 Gloria MINGO, Plaintiff-Appellant, v. Margaret M. HECKLER, * Secretary of Health and Human Services, Defendant-Appellee. No. 83-2475. United States Court of Appeals, Ninth Circuit. Submitted May 14, 1984. Decided Oct. 16, 1984. John V. Johnson, Cameron, Persons, Persons & Miller, Chico, Cal., for plaintiff-appellant. Joseph Stein, Asst. Regional Atty., Dept. of Health & Human Services, San Francisco, Cal., for defendant-appellee. Appeal from the United States District Court for the Northern District of California. Before CHOY, PREGERSON and REINHARDT, Circuit Judges. PREGERSON, Circuit Judge: 1 Gloria Mingo appeals from a judgment of the United States District Court for the Northern District of California affirming the decision of the Secretary of Health, Education, and Welfare (the Secretary) 1 to deny Mingo social security benefits as the equitably adopted child of Jordan Cyrus. We reverse. 2 Mingo contends that the district court erred in deciding that she did not qualify for children's insurance benefits. Mingo's status as a "child" presents a question of California law. 2 The Secretary concedes that,…