Hall v. Richardson, Civ. A. No. 71-H-1342.

• Decision Date: 16 August 1973
• Docket Number: Civ. A. No. 71-H-1342.
• Citation: 362 F. Supp. 662
• Court: U.S. District Court — Southern District of Texas
• Parties: Hazel G. HALL, Plaintiff, v. Elliot L. RICHARDSON, Secretary of Health, Education & Welfare, Defendant.

362 F. Supp. 662

Hazel G. HALL, Plaintiff, v. Elliot L. RICHARDSON, Secretary of Health, Education & Welfare, Defendant.

Civ. A. No. 71-H-1342.

United States District Court, S. D. Texas, Houston Division.

August 16, 1973.

COPYRIGHT MATERIAL OMITTED

Michael Jared Thibodeaux, Houston, Tex., for plaintiff.

Anthony J. P. Farris, U. S. Atty., Helen M. Eversberg, Asst. U. S. Atty., Houston, Tex., for defendant.

MEMORANDUM AND OPINION

CARL O. BUE, Jr., District Judge.

This is an action under Section 205(g) of the Social Security Act, as amended, 42 U.S.C.A. § 405(g), appealing a final decision of the Secretary of Health, Education and Welfare that Hazel G. Hall, wife of wage earner Benjamin J. Hall, is not entitled to wife's insurance benefits under Section 202(b) of the Act, 42 U.S.C.A. § 402(b), and that Sharon Deneal Hall and Vanita Marie Hall, grandchildren subsequently legally adopted, are not entitled to child's insurance benefits under Section 202(d) of the Act, 42 U.S.C.A. § 402(d). The case is before this Court on cross motions for summary judgment. For reasons expressed below, this Court finds that the Secretary's decision is not supported by the applicable law and that the record obligates this Court to grant the plaintiff's motion.

The jurisdiction of the Court is set out in Section 205(g), 42 U.S.C.A. § 405(g), and it provides that ". . . the findings of the Secretary as to any fact, if supported by substantial evidence, shall be conclusive . . . ." Richardson v. Perales, 402 U.S. 389, 91 S.Ct. 1420, 28 L.Ed.2d 842, 846 (1971); Grant v. Richardson, 445 F.2d 656 (5th Cir. 1971).

The burden of proof in Social Security cases is on the plaintiff. Hart v. Finch, 440 F.2d 1340, 1341 (5th Cir. 1971); Miller v. Finch, 430 F.2d 321, 323-324 (8th Cir. 1970); Brown v. Finch, 429 F.2d 80, 83 (5th Cir. 1970). Resolution of conflicts in the evidence and determinations of credibility are not for the Courts; such functions are solely within the province of the Secretary. Grant v. Richardson, 445 F.2d 656 (5th Cir. 1971); Martin v. Finch, 415 F.2d 793 (5th Cir. 1969); Stillwell v. Cohen, 411 F.2d 574, 575 (5th Cir. 1969). The review by the Court is not a trial de novo, and the function of the Court is not to reweigh the evidence or to substitute its judgment for that of the Secretary. The role of the Courts is to determine if there is substantial evidence to support the Secretary's decision. Goodman v. Richardson, 448 F.2d 388, 389 (5th Cir. 1971); Richardson v. Richardson, 437 F.2d 109 (5th Cir. 1970); Brown v. Finch, supra, 429 F.2d at 80; Rome v. Finch, 409 F.2d 1329 (5th Cir. 1969). Uncontroverted evidence is not conclusive of an alleged fact when consideration of the surrounding circumstances leaves the mind in a state of conjecture. Robles v. Finch, 409 F.2d 84, 87 (1st Cir. 1969); Thurston v. Hobby, 133 F.Supp. 205, 210 (W.D.Mo. 1955). The Secretary is not bound to accept as true plaintiff's self-serving statements pertaining to the claim for benefits. Steimer v. Gardner, 395 F.2d 197, 198 (9th Cir. 1968); Peterson v. Gardner, 391 F.2d 208 (2d Cir. 1968); Foss v. Gardner, 363 F.2d 25, 27 (8th Cir. 1966).

Until such time as the claimant, Mrs. Hall, reaches 62 years of age and possibly becomes eligible for social security in her own right, her entitlement is dependent upon that of Sharon and Vanita to child insurance benefits. 42 U.S.C.A. §§ 402(b), 416(h). Thus, the primary focus of this case is upon these children. Section 202(d) of the Act, 42 U.S.C.A. § 402(d), provides for the payment of child's insurance benefits to a child of a worker who is fully or currently insured if the child meets certain requirements. The Act's definition of "child" means the natural or legally adopted child of an individual. 42 U.S.C.A. § 416(e). Section 202(d)(9) of the Act, 42 U.S.C.A. § 402(d)(9), states that if an individual (Mr. Hall) entitled to retirement insurance adopts a child after becoming entitled to such benefits, the adopted child shall not be deemed to meet the requirements of a "child" unless that child: (1) is the natural or stepchild, or (2) was legally adopted before the end of the 24 month period beginning with the month after that in which such individual became entitled to old age insurance benefits, but only if (a) the child has been receiving at least one-half of his support from such individual for the year before the application for retirement insurance benefits was filed and (b) the proceedings for adoption had been instituted in or before the month the application was filed or else the adopted child was living with the individual during that month. Section 216(h)(2) of the Act, as amended, 42 U.S.C.A. § 416(h)(2), provides that in determining whether the child in question is a "child" of an insured individual, the Secretary shall apply such law as would be applied in determining the devolution of intestate personal property by the Courts of the State in which the individual is domiciled. This latter provision contains the crux of this case. There seems to be no dispute that a "legal adoption" of the children in question did not take place until July 7, 1969 (Transcript 114-117), more than three years after the wage earner (Mr. Hall) filed his application for retirement insurance benefits on March 30, 1966 (Tr. 90-93). Therefore, the claimant and the two children cannot become entitled to benefits on the basis of the "legal adoption", because it did not take place within the 24 month period noted above. It appears undisputed that had the legal adoption occurred within the 24 month period, Mrs. Hall and the girls would qualify for benefits. The central issue then becomes whether the girls were "equitably adopted" under Texas law during this same period.

The children in question, Sharon and Vanita, natural children of Mrs. Aline C. Walker, were born in 1953 and 1958 respectively. Mrs. Walker is the daughter of the Halls. Shortly after Mrs. Walker's marriage in 1951 domestic discord arose, and she separated from her husband, coming to live with the Halls while she was pregnant with her first child (Tr. 67, 79). Shortly after the birth of Sharon, she reportedly "gave" her to the Halls (Tr. 49-51, 68, 80). Sharon was nearly two years old before Mrs. Walker left her parents' home and returned to Shreveport, Louisiana, but during those two years Mrs. Walker reportedly did not assume responsibility over Sharon as would a parent; this duty was left to Mrs. Hall (Tr. 68). Following the birth of Vanita some years later in Louisiana, she too was "given" by Mrs. Walker to the Halls (Tr. 49-51, 83).

With respect to the familial relationship of the Halls to Sharon and Vanita, their natural grandchildren, the Hearing Examiner concluded, "there can be little doubt that the Halls have been the sole support of Sharon and Vanita, and the principal if not the sole persons in any serious position to assert parental authority over the children virtually all their lives" (Tr. 26). The record indicates that the Halls fed and clothed the children, attended to their medical, scholastic and religious needs, administered discipline and, in general, made the same sacrifices most parents are required to undertake for their own children (Tr. 51, 55, 70, 131, 145, 146, 147). The record suggests that this was done in a loving and affectionate manner (Tr. 50, 66, 77, 142-43, 144, 148). The record does not clearly indicate that Mrs. Walker, the natural mother, sought to exercise control or supervision over the girls or that she even harbored the desire to join the girls together with Mrs. Walker's other two children, both boys, with whom she lived in Louisiana (Tr. 50-51, 56, 66, 81-82, 84. But see Tr. 62, 108-09, 122). Mrs. Walker reportedly gave no financial assistance to the raising of the girls (Tr. 120).

Allegedly, the Halls considered formal, legal adoption several times prior to Mr. Hall's application for social security. Initial consideration reportedly occurred shortly after the Halls acquired Sharon (Tr. 48-49, 69). The issue arose again when the Halls were confronted by various federal, state and local administrators needing information as to who had legal custody of the girls. This arose with respect to school admission, federal tax deductions, emergency hospital admittance and a driver's permit (Tr. 127, 52, 60-62, 122, 124, 125, 131). The Halls kept "putting it (legal adoption) off" (Tr. 119) reportedly due in part to the high legal costs believed necessary (Tr. 49, 125, 127, 146) and in part due to the administrative delays of social workers (Tr. 61, 124). Each crisis was met and overcome without the need for obtaining a legal adoption (See, e.g., Tr. 51-52). It appears that the belief of the Halls that a legal adoption was necessary as a condition precedent to qualifying Mrs. Hall for social security benefits was the motivating force culminating in the legal adoption (Tr. 48, 53).

The Fifth Circuit Court of Appeals has considered the Texas doctrine of equitable adoption in the context of Social Security benefits five times. Glaze v. Richardson, 438 F.2d 120 (5th Cir. 1971); Smith v. Secretary of Health, Education and Welfare, 431 F.2d 1241 (5th Cir. 1970); Craig v. Finch, 425 F.2d 1005 (5th Cir. 1970); Hayes v. Secretary of Health, Education and Welfare, 413 F.2d 997 (5th Cir. 1969); Minefield v. Railroad Retirement Board, 217 F.2d 786 (5th Cir. 1954). Under this doctrine, there must be convincing proof of a "contract" to adopt. Smith v. Secretary of Health, Education and Welfare, 431 F.2d 1241, 1243 (5th Cir. 1970); Cavanaugh v. Davis, 149 Tex. 573, 235 S.W.2d 972 (1951); Guidry v. Denkins, 460 S.W.2d 943, 948 (Tex.Civ.App. — Houston 1970, no writ). It is not necessary, however, that there be direct evidence of such an agreement or contract. It may be proved by the acts, conduct and admissions of the parties, as well as other relevant facts and circumstances. Cavanaugh, supra, 235 S.W.2d at 975; Mitchell...