DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
032784P.pdf 06/16/2004 Larry Reutter v. Jo Anne Barnhart
U.S. Court of Appeals Case No: 03-2784
and No: 03-2849
District of North Dakota
Civil case - Social Security. Social Security Administration's
interpretation of regulation 20 C.F.R. Sec. 404.336 to exclude the cash
value of household services in determining a stepparent's support for a
child was not inconsistent with the regulation or plainly erroneous, and
the district court erred by not deferring the Administration's
interpretation; the district court also erred in overturning the ALJ's
decision that the stepparent had not equitably adopted the child within the
meaning of 20C.F.R. Sec. 404.359, as the ALJ's finding that no equitable
adoption had occurred was supported by substantial evidence; plaintiff
failed to show 42 U.S.C. Sec. 402(d)(4) violates the equal protection
component of the Fifth Amendment, and the district court did not err in
rejecting claim that the statute discriminates against the stepchildren of
women.
[PUBLISHED] [Murphy, Author, with Fagg, Circuit Judge and
Goldberg, Judge of the United States Court of International Trade, sitting
by designation.]