Lauretta Kay Smith, Ariana M. Smith v. Margaret Heckler, Secretary of Health and Human Services

Lauretta Kay Smith (Smith) appeals on behalf of her daughter, Ariana Marie Smith (Ariana), from the district court’s summary judgment affirming the decision of the Secretary of Health and Human Services (Secretary) to deny Ariana surviving child’s insurance benefits under Title II of the Social Security Act (Act), 42 U.S.C. §§ 401-433 . Ariana is the posthumous illegitimate child of Robert Hossler, an insured wage earner. The Secretary denied her benefits on the ground that Ariana was not Hossler’s dependent child, finding that Hossler was not living with or contributing to Ariana’s support at the time of his death. We reverse.

FACTS AND PROCEEDINGS

Hossler and his wife separated in December 1981. Hossler and Smith, who separated from her husband in October 1981, met in May 1982 and began an intimate relationship. They spent nearly every night at each other’s residence and spent all of their free time together. They shared their cars and grocery expenses and did their laundry together. Gas credit card receipts show that Hossler often bought gas for Smith’s car. Hossler killed himself on July 27, 1982. Smith confirmed her pregnancy on July 28,1982. Ariana was born on April 4,…