Ross for Ross v. Heckler, Civ. A. No. 82-C-2233.

• Decision Date: 21 December 1983
• Docket Number: Civ. A. No. 82-C-2233.
• Citation: 575 F. Supp. 322
• Parties: Vernon D. ROSS, for Patrick J. ROSS, minor, Plaintiff, v. Margaret M. HECKLER, Secretary of Health and Human Services, Defendant.
• Court: U.S. District Court — District of Colorado

575 F. Supp. 322

Vernon D. ROSS, for Patrick J. ROSS, minor, Plaintiff, v. Margaret M. HECKLER, Secretary of Health and Human Services, Defendant.

Civ. A. No. 82-C-2233.

United States District Court, D. Colorado.

December 21, 1983.

William H. Ebbert, Bender, Marks, & Melonakis, Denver, Colo., for plaintiff.

Robert Gay Guthrie, Asst. U.S. Atty., Denver, Colo., for defendant.

ORDER

CARRIGAN, District Judge.

Plaintiff Vernon D. Ross brought this action on behalf of Patrick J. Ross, a minor, pursuant to 42 U.S.C. Section 405(g). He seeks judicial review of a final decision of the defendant Secretary of Health and Human Services that denied Patrick J. Ross' claim for benefits under Title II of the Social Security Act.

On October 2, 1980, Vernon Ross applied for child's insurance benefits for Patrick. An Administrative Law Judge ("ALJ") determined that Patrick was not entitled to such benefits because he did not meet the Social Security Act's support or dependency requirements. On October 22, 1982, the ALJ's decision became the final determination of the defendant Secretary of Health and Human Services when the department's Appeals Council denied the plaintiff's request for review.

Although the plaintiff raises several issues in his claim for judicial review, two of them are determinative. First, when was Patrick adopted for purposes of the Social Security Act? Second, did Patrick's adoption occur before Vernon Ross "became entitled to disability insurance benefits" within the meaning of 42 U.S.C. Section 402(d)(8)?

Patrick was born to Vernon Ross' sister on August 27, 1979. Vernon took over physical custody of Patrick on December 14, 1979, after he learned that his sister wanted to give the child away. A petition for custody of Patrick was filed on December 16 or 17, 1979, and the petition for adoption along with the natural mother's consent to the adoption were filed February 14, 1980. The final adoption decree was not entered until August 4, 1980. From December 14, 1979, however, it is clear that Vernon Ross and his wife took Patrick into their home and provided his entire support, including substantial and expensive medical care to remedy a herniated navel which existed when Vernon Ross took custody. All these facts were presented to the ALJ, who expressed admiration for the Ross' decision to take Patrick into their home and care for him as they did.

The ALJ simply assumed that Patrick was adopted on August 4, 1980, and so concluded in his decision. I conclude that, in so doing, the ALJ erred in his legal interpretation of 42 U.S.C. Section 402(d)(8). Section 402(d)(8), as amended, gives no guidance for determining when adoption occurs for the purpose of its provisions. Thus this section, which differentiates between children adopted before an individual becomes entitled to disability insurance benefits and those adopted afterward, must be interpreted so that its application to these unique circumstances is consistent with the other provisions of the Social Security Act and the spirit and purpose of that beneficent legislation. Of course, the courts have frequently reiterated that the Social Security Act, as remedial legislation, must be liberally construed.

Therefore, I must decide what Congress meant by the term "adopted" as used in the first phrase following Section 402(d)(8)(B). I conclude that, for purposes of this section, "adopted" should be given practical interpretation and be deemed to mean the beginning of formal custody and adoption proceedings, if those proceedings are concluded by a final adopting decree within a reasonable time. This construction is consistent with the provisions of Section 402(d)(8) in effect before the present language was adopted in 1972. It is not inconsistent with the present provisions, since nowhere has Congress expressed any hostility to recognition of the fact of life that adoption proceedings can not be finalized overnight. Finally, this...