Hartfield v. Barnhart, No. 03-3180, __ F.3d __ (8th Cir. Sept. 27, 2004)--Parent's Benefits

The Eighth Circuit, in an opinion by Circuit Judge Michael J. Melloy, affirmed the denial of parent's benefits. In a parent's benefits case, the parent has the "statutory burden to prove that she was receiving at least one-half of her support from [her child] for the twelve-month period preceding his death. 42 U.S.C. § 402(h)(1)(B) (2004); 20 C.F.R. § 404.366(b) (1999)." The Court held that where the claimant was unable to produce "deposit slips or other evidence" documenting the money she received from her son and where the claimant's evidence regarding her expenses did not account for the value of the room and board she provided her son and his children, the ALJ's denial of benefits was supported by substantial evidence.