Gillett-Netting

Plaintiff-Appellant Rhonda Gillett-Net-ting (“Gilletb-Netting”), on her own behalf and on behalf of her minor children Juliet 0. Netting and Piers W. Netting, appeals the district court’s grant of summary judgment for the Commissioner of Social Security (“Commissioner”). The district court affirmed the Commissioner’s decision holding that Juliet and Piers are not entitled to child’s insurance benefits based on the earnings of their deceased father, Robert Netting (“Netting”). Ten months after Netting died, his wife conceived Juliet and Piers using sperm that he deposited before undergoing chemotherapy for cancer. Gil-letWNetting argues that the district court erred in holding that Juliet and Piers are not eligible for child’s insurance benefits because they are not Netting’s children under the Social Security Act (“Act”) and were not dependent on Netting at the time of his death. Because Juliet and Piers are Netting’s legitimate children under Arizona law, and therefore are deemed dependent on Netting for child’s insurance benefits, we reverse the decision of the district court and remand to the district court with instructions to further remand to the Commissioner for an award of…