McDaniel

This case comes before the Court upon review of a decision of the Secretary of Health, Education and Welfare, Social Security Administration, which denied Social Security benefits to Diane L. McDaniel, an illegitimate child of Albert L. McDaniel, now deceased.

In the initial hearing before the Secretary, both surviving minor children of Albert L. McDaniel had petitioned for survivors’ benefits under the Social Security Act because their father had continued Social Security payments until his death. The Secretary made adverse determination in the case of each of the children because of non-legitimation under California statutes. After an appeal to this Court, the case was remanded to the Secretary upon motion by both parties for reconsideration because of newly discovered evidence. The Secretary then determined that petitioner Charlene was entitled to benefits under the Act as a survivor because of legitimation under Section 255 of the California Probate Code. 1 That Section allows legitimation if a written instrument be executed by the individual who therein acknowledges himself to be the father. In the case of Charlene, a witnessed document was executed by the father, Albert, in…