Becker v. Secretary of Health & Human Services

895 F.2d 34, 1990 U.S. App. LEXIS 1263, 1990 WL 6634
CourtCourt of Appeals for the First Circuit
DecidedFebruary 1, 1990
DocketNo. 89-1732
StatusPublished
Cited by1 cases

This text of 895 F.2d 34 (Becker v. Secretary of Health & Human Services) is published on Counsel Stack Legal Research, covering Court of Appeals for the First Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Becker v. Secretary of Health & Human Services, 895 F.2d 34, 1990 U.S. App. LEXIS 1263, 1990 WL 6634 (1st Cir. 1990).

Opinion

BREYER, Circuit Judge.

The Social Security Administration (“SSA”) had to decide whether Amy Mar-eoux was the legitimate daughter of Gene Marcoux or the illegitimate daughter of the late Raymond Petit. If the latter, the SSA will pay Amy a share of Raymond Petit’s survivor’s benefits, although in order to do so, it will have to reduce the current payments it makes to Raymond’s two legitimate children. See 42 U.S.C. §§ 402(d), 403(a). These two children, through their mother (Barbara Becker), have opposed Amy’s benefit application. See 20 C.F.R. § 404.932 (1989). After hearing testimony from Amy’s mother, Lisa Marcoux, from Lisa’s mother, from Raymond’s sisters, and from other relatives and acquaintances, an Administrative Law Judge decided that Amy was illegitimate, that Raymond Petit was Amy’s father, and that Amy should receive benefits.

The Appeals Council of the Department of Health and Human Services reviewed the ALJ’s findings and sent the case back to the ALJ. A federal statute requires the HHS, in

determining whether an applicant is the child or parent of a[n] ... insured individual, ... [to] apply such law as would be applied in determining the devolution of intestate personal property by the courts of the State in which such insured individual ... was domiciled ... at the time of his death.

49 U.S.C. § 416(h)(2)(A). Under New Hampshire law, (as the Appeals Council read it),

a child born to married parents is presumed to be legitimate. This presumption can be rebutted by clear and convincing evidence. However, this evidence may not consist of statements or testimony from the child’s mother or her husband.

Fearing that the ALJ had improperly relied on testimony given by Amy’s mother Lisa, the Appeals Council remanded for further consideration.

On remand, the ALJ disregarded both Lisa’s testimony and a letter written by Eugene Marcoux. It then reached the same conclusion as it had before. Relying solely on record evidence provided by others, the ALJ found clear and convincing evidence that Eugene Marcoux was not Lisa’s father, and that Raymond Petit was. This time the Appeals Council affirmed. Raymond’s other children then asked the federal district court to review the federal [36]*36agency’s findings. The court did so. It concluded that the evidence before the agency was not strong enough to show that Amy was Raymond’s child, and it set aside the agency’s determination. Amy’s mother (Lisa), acting on Amy’s behalf, now appeals that decision to us.

We shall assume, for the sake of argument, that the statute we have quoted above, 49 U.S.C. § 416(h)(2)(A), requires HHS to apply, not only New Hampshire’s substantive law, including presumptions and burden-of-proof rules, but also special evidentiary rules such as the one that limits a mother’s testimony on the question of her own child’s legitimacy. Specifically, we shall assume:

(1) that, because Lisa Marcoux was married to Gene Marcoux when Amy was born, the agency must presume that Amy is legitimate. See Twomey v. Twomey, 116 N.H. 29, 31, 351 A.2d 66 (1976);

(2) that to overcome the presumption, Amy must establish, by clear and convincing evidence, that Raymond Petit was her father. See N.H.Rev.Stat.Ann. § 561:4;

(3) that, in doing so, Amy cannot use her mother’s testimony to help rebut the presumption. We recognize that the extent to which this evidentiary rule, known as Lord Mansfield’s Rule, bars a' mother’s testimony is open to argument. Does it bar all testimony that casts doubt on legitimacy or only testimony about a husband’s “access”? See State v. Sargent, 100 N.H. 29, 31, 118 A.2d 596 (1955); Saunders v. Fredette, 84 N.H. 414, 418, 151 A. 820, 824 (1930); Parker v. Way, 15 N.H. 45, 49 (1844); see generally Michael H. v. Gerald D., — U.S. -, 109 S.Ct. 2333, 2342-43, 105 L.Ed.2d 91 (1989). We need not answer this question, for the Appeals Council found that the AU, the second time around, based his conclusions, not on Lisa’s testimony, but on other evidence in the record, such as “information provided by the families and friends of Lisa Marcoux and Raymond Petit.” It also found that this other evidence, taken by itself, constituted “clear and convincing evidence” that Eugene Marcoux was not Amy’s father. In our view, the record adequately supports this final HHS conclusion.

The precise legal question before us is whether, on the basis of the whole record, we can say that “substantial evidence” supports the agency’s factual conclusion. See 49 U.S.C. § 405(g) (“The findings of the Secretary as to any fact, if supported by substantial evidence, shall be conclusive”); Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 1427, 28 L.Ed.2d 842 (1971) (“substantial evidence” means “ ‘such relevant evidence as a reasonable mind might accept as adequate to support a conclusion’ ” (quoting Consolidated Edison Co. v. NLRB, 305 U.S. 197, 229, 59 S.Ct. 206, 217, 83 L.Ed. 126 (1938))); Universal Camera v. NLRB, 340 U.S. 474, 477-91, 71 S.Ct. 456, 451-66, 95 L.Ed. 456 (1951) (holding that “substantial evidence” review requires consideration of the record as a whole); Allen v. Califano, 613 F.2d 139, 145 (6th Cir.1980) (same). In light of New Hampshire law, the question looks awkward: “Is there substantial evidence that would permit the agency to find by clear and convincing evidence that Amy was Raymond’s daughter?” But to apply this legal standard is not particularly awkward as long as one remembers its point, namely, that Congress has entrusted the agency, not the court, with the factfinding job. A reviewing court must treat the agency’s factual conclusion with considerable respect, indeed more respect than an appellate court would show a factual conclusion reached by a district judge, for the agency has not only had an opportunity to view the witnesses and determine their credibility, but it also has special expertise, experience, and knowledge of the subject matter that guide its determination of the facts. See Consolo v. Federal Maritime Comm., 383 U.S. 607, 620, 86 S.Ct. 1018, 1026-27, 16 L.Ed.2d 131 (1966) (“substantial evidence” review “gives proper respect to the expertise of the administrative tribunal”); Pe-nasquitos Village, Inc. v. NLRB,

Related

Becker v. Secretary Of Health And Human Services
895 F.2d 34 (First Circuit, 1990)

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Bluebook (online)
895 F.2d 34, 1990 U.S. App. LEXIS 1263, 1990 WL 6634, Counsel Stack Legal Research, https://law.counselstack.com/opinion/becker-v-secretary-of-health-human-services-ca1-1990.